1620453 (Refugee)

The applicant, a former member of the Lebanese military, sought review of a decision concerning his protection visa application. The dispute centred on whether he faced a real chance of persecution or significant harm if returned to Lebanon due to his past military service and alleged involvement in serving alcohol. The matter was before the Federal Circuit Court of Australia.

The court was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically membership of a particular social group, and whether there were substantial grounds for believing he would suffer significant harm if returned to Lebanon, thus engaging Australia's complementary protection obligations. Key to these determinations were the applicant's claims of being targeted by Sunni militant and terrorist groups, including Fatah al-Islam and IS, and the capacity of Lebanese authorities to offer effective protection.

The court considered the applicant's claims, including a psychologist's report noting threats related to his army service and his work in the hospitality industry serving alcohol, as well as a letter from a local mayor. However, the court found that while some risk from Sunni militant groups remained in Lebanon, this risk had been reduced by the collapse of IS in Syria and the success of the Lebanese Armed Forces and Hezbollah in controlling border towns. The court was not satisfied that the applicant had been targeted by specific militant groups or that there was a real chance he would be caught up in terror attacks. Consequently, the court concluded that the applicant did not meet the refugee criterion. Applying the same standard to the complementary protection criterion, the court also found no substantial grounds for believing there was a real risk of significant harm.

The decision under review was affirmed.