1704030 (Refugee)

This matter concerned an application for a protection visa by a citizen of Albania. The applicant claimed to fear serious harm from members of a rival family due to a blood feud that had commenced following a murder. The applicant also asserted that he suffered from mental health issues and that relocation within Albania was not a reasonable option, nor was state protection available. The decision under review was made by the Tribunal.

The legal issues before the court were whether the applicant met the criteria for a protection visa under section 36(2)(aa) of the Migration Act 1958 (Cth), which relates to complementary protection grounds. This required the court to consider whether Australia had protection obligations towards the applicant, specifically assessing the applicant's well-founded fear of persecution due to serious harm, and whether such harm was systematic and discriminatory, and either official, officially tolerated, or uncontrollable by the authorities. The court also had to determine if the applicant could reasonably relocate within Albania and if the Albanian state was unable or unwilling to protect him.

The court considered evidence including the applicant's statement detailing the blood feud, a news article about the murder, official and religious certificates confirming the conflict and failed reconciliation attempts, and a declaration from the applicant's father. The father's declaration highlighted the police's inability to provide protection due to corruption and lack of force, and the family's isolation for self-preservation. The court was satisfied that the applicant had a well-founded fear of serious harm from the rival family, that the Albanian state was unable to protect him, and that relocation was not a reasonable option.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(aa) of the Migration Act.