1620593 (Refugee)

The Tribunal considered the case of an applicant seeking a protection visa, whose claims were advanced on the basis of an imputed political opinion. The central dispute revolved around whether the applicant met the criteria for a protection visa under the *Migration Act 1958* (Cth), specifically concerning Australia's obligations under the Refugees Convention or complementary protection grounds.

The legal issues before the Tribunal were whether the applicant qualified as a refugee under Article 1A(2) of the Refugees Convention, or alternatively, whether Australia had complementary protection obligations due to a real risk of significant harm upon removal. This involved assessing the applicant's fear of persecution for reasons of imputed political opinion, and considering the practical implications of the Economic Community of West African States (ECOWAS) protocols on freedom of movement for Liberian nationals.

The Tribunal's reasoning focused on the applicant's ability to enter and reside in other ECOWAS countries. While ECOWAS protocols theoretically provide for free movement, the Tribunal found, based on evidence and submissions, that the applicant did not possess a genuine Liberian passport and that his purported "Official passport" was a bogus document. Consequently, the Tribunal concluded that the applicant would face difficulty obtaining a new passport and therefore lacked the right to enter or reside in another ECOWAS country. Despite this finding regarding ECOWAS, the Tribunal was satisfied that the applicant was a person in respect of whom Australia had protection obligations under the Refugees Convention.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criterion set out in s.36(2)(a) of the *Migration Act 1958* (Cth).