1702393 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the protection visa application of an Egyptian national who claimed to fear harm from Muslim extremists and authorities. The applicant alleged he was targeted due to his Coptic Christian faith, facing accusations of forced conversion of a Muslim woman and her daughters, and subsequent imprisonment in absentia. He also claimed to have been attacked by extremists and that his son remaining in Egypt was at risk.

The AAT was required to determine whether the applicant met the criteria for a protection visa under the *Migration Act 1958* (Cth), specifically whether he was a person in respect of whom Australia had protection obligations. This involved assessing the credibility of his claims, the authenticity of the supporting documents provided, and the risk of harm he faced in Egypt. The Tribunal also considered the application of the second applicant, who was the wife of the first applicant and a member of the same family unit.

The Tribunal noted that while the delegate had concerns about the credibility of the applicant's evidence and the authenticity of the Egyptian documents, the applicant's representative subsequently provided further documentation, including a letter from the applicant's Egyptian lawyer confirming the authenticity of official court and police documents. The Tribunal found that the delegate's assessment of the documents' credibility was not sufficiently robust, particularly in light of the new evidence. Consequently, the Tribunal remitted the matter for reconsideration, directing that the first applicant be found to satisfy section 36(2)(a) of the *Migration Act*, and the second applicant to satisfy section 36(2)(b)(i) on the basis of being a member of the same family unit.