1704866 (Refugee)

This matter concerned an application for a protection visa by a former Sunni Muslim who claimed to be a Jehovah's Witness, or perceived as such, and feared persecution in Lebanon. The applicant also raised concerns about his mental health. The Federal Circuit Court had previously remitted the matter to the Tribunal for reconsideration.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for a Convention reason, specifically for reasons of religion, and if not, whether there was a real risk of significant harm on return to Lebanon under the complementary protection criterion. The Tribunal was required to consider the applicant's claims of harm from his father, family, and in-laws, and the risk of his son being taken from him, in light of relevant country information regarding religious tolerance and sectarian violence in Lebanon.

The Tribunal found the applicant's claims to be far-fetched and implausible. It placed no weight on a report from an individual named Mr D in establishing the applicant's claims. The Tribunal noted inconsistencies in the applicant's account of how he revealed his friend's Jehovah's Witness faith to his father, particularly in light of the claimed secrecy surrounding the religion in Lebanon and the applicant's assertion that he had forgotten the instruction to keep it confidential. The Tribunal also found it difficult to reconcile the applicant's statements about his friend's faith being entirely forbidden and the need for secrecy with his subsequent disclosure to his father, and his explanation that he thought it would not have a significant effect. The Tribunal also questioned the applicant's assertion that he did not know the difference between being a Jehovah's Witness and a Christian, given his claim to always speak the truth.

The Tribunal affirmed the decision under review, concluding that the applicant had not established a well-founded fear of persecution for a Convention reason, nor a real risk of significant harm on return to Lebanon.