1703050 (Refugee)

The applicants, a married couple and their two children, all Libyan citizens, sought review by the Administrative Appeals Tribunal of a decision to refuse their protection visa applications. Their claims for protection were based on an imputed political opinion and membership of a particular social group, specifically recipients of a Gaddafi scholarship. Applicant 1 also raised concerns about the potential for kidnapping of his children by non-State agents. The Tribunal was required to determine whether the applicants met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth), considering both refugee and complementary protection grounds.

The Tribunal considered the applicants' claims that they feared persecution due to their imputed political opinion and their status as recipients of a Gaddafi scholarship, which constituted a particular social group. The Tribunal also noted the applicants' concerns regarding the treatment of women and dark-skinned Libyans, and Applicant 1's specific fear of kidnapping of his children. The delegate's previous decision had questioned the applicants' political profile and the credibility of their claims, particularly given their return to Libya in 2013, and had not accepted that country information supported the claim of systematic persecution for scholarship recipients.

The Tribunal remitted the decisions under review with a direction that the applicants satisfy section 36(2)(a) of the Act. This indicates that while the Tribunal acknowledged the applicants' claims and the need for further consideration, it did not make a final grant of the visa, but rather sent the matter back for further assessment or determination in accordance with the specified section of the Act.