1621210 (Refugee)

The Administrative Appeals Tribunal (AAT) reviewed a decision by a delegate of the Minister for Immigration to refuse the applicant, a citizen of Uganda, a protection visa. The applicant arrived in Australia in November 2013 and applied for a protection visa in January 2015, after his student visa expired. The delegate refused the visa on 30 November 2016, and the applicant sought review of this decision.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth), specifically whether Australia had protection obligations towards him under the refugee criterion or complementary protection grounds. The Tribunal was also required to consider whether the applicant had failed to avail himself of a right to enter and reside in a third country, as provided for in section 36(3) of the Act.

The Tribunal affirmed the delegate's decision, finding that the applicant did not satisfy the criteria for a protection visa. The Tribunal noted that it is the applicant's responsibility to present their case fully and provide sufficient evidence, and that failure to do so before the primary decision-maker may lead to an adverse credibility inference, unless a reasonable explanation is provided. While the Tribunal found the applicant to be a Ugandan citizen, it was not satisfied that he met the refugee or complementary protection criteria. Furthermore, the Tribunal considered that, had the applicant's claims been credible, he would likely have been excluded from protection in Australia under section 36(3) due to the availability of third country protection. The Tribunal concluded that the applicant did not satisfy any of the criteria in section 36(2) of the Act.