1621722 (Refugee)

This matter concerned an application for a protection visa by a stateless Palestinian man born in the United Arab Emirates (UAE). The applicant arrived in Australia in February 2015 on a student visa and claimed to be stateless, lacking the right to citizenship or residence in any country. He asserted that his right to reside in the UAE was contingent on his father's employer-sponsored visa, which had limitations and would not permit him to remain in the UAE indefinitely, particularly after his father's sponsorship ended or if he was over 18 and not in full-time education in the UAE. The applicant also stated his Egyptian travel document had expired and he had no right to enter or reside in Egypt, his mother's country of origin, or Palestine. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issues before the court were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Act, and alternatively, whether he met the complementary protection criterion under section 36(2)(aa). This involved determining if there were substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to the UAE, the applicant would suffer significant harm. The court was required to consider the applicant's stateless status, his lack of legal right to enter or reside in the UAE, and the potential consequences of his return, including the absence of legal work rights, access to basic services, and state protection, as well as the possibility of fines, arrest, or detention.

The court considered the applicant's claims regarding his statelessness and his precarious status in the UAE, where he was born but lacked citizenship or a right to permanent residence. It noted that his ability to remain in the UAE was tied to his father's employment visa, which had restrictions. The court also acknowledged the applicant's assertion that he had no right to enter or reside in Egypt, his mother's country, or Palestine, and that his Palestinian travel document did not grant him permanent residency or work rights in other Arab countries. The Tribunal had taken into account relevant guidelines and country information in its assessment.

The Tribunal's decision was remitted for reconsideration.