1620379 (Refugee)

This matter concerned an application for a protection visa by a national of Turkey. The applicant claimed to fear harm from a criminal group and corrupt police in Turkey, stemming from his father's challenge to a local drug manufacturer and a subsequent altercation the applicant had with a member of that family. He also alleged he had been falsely accused by the police of being a member of an outlawed political party. The Tribunal was required to determine whether Australia had protection obligations towards the applicant under the Migration Act 1958 (Cth), specifically whether he met the criteria for a refugee under s.36(2)(a) or complementary protection under s.36(2)(aa).

The Tribunal considered the applicant's claims in light of country information regarding corruption within the Turkish police and judiciary, and the prevalence of blood feuds in parts of Turkey. It found that the applicant's father's reporting of criminal activity to local police, who were influenced by a local criminal family, led to inaction and likely contributed to tensions. The Tribunal accepted that the applicant had experienced harm and had a well-founded fear of persecution from this criminal family and corrupt police elements. Furthermore, the Tribunal accepted that the applicant had been falsely accused of membership in a terrorist organisation, which it found to be a form of retribution linked to the family dispute and facilitated by corrupt police.

Applying these findings, the Tribunal concluded that the applicant had a well-founded fear of persecution based on imputed political opinion and the risk of cruel or inhuman treatment due to the family feud and false accusations. The Tribunal was satisfied that the cumulative effect of these circumstances, including the systemic corruption and illiberal tendencies within the Turkish state, meant there was a real chance of serious harm and persecution if the applicant were returned to Turkey. Consequently, the Tribunal found that the applicant satisfied the criterion for a refugee under s.36(2)(a) of the Act. The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies s.36(2)(a) of the Migration Act.