1705130 (Refugee)

1705130 (Refugee) [2020] AATA 5170 (6 November 2020)
DECISION RECORD
DIVISION:Migration & Refugee Division
CASE NUMBER:  1705130
COUNTRY OF REFERENCE:                   Egypt
MEMBER:Lilly Mojsin
DATE:6 November 2020
PLACE OF DECISION:  Sydney
DECISION:The Tribunal affirms the decision not to grant the applicant a protection visa.

Statement made on 6 November 2020 at 5.35 pm
CATCHWORDS
REFUGEE – protection visa – Egypt – religion – Christian Catholic – Coptic Orthodox – member of the Salesian movement – assistance to Sudanese refugees and poor families – threatened and harassed by Muslim fanatics – forced conversions – credibility concerns – claims not supported by independent country information – security of husband and daughter in Egypt – decision under review affirmed
LEGISLATION
Migration Act 1958 (Cth), ss 5H, 5J, 36, 65
Migration Regulations 1994 (Cth), Schedule 2
Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependant.
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Immigration and Border Protection on 2 March 2017 to refuse to grant the applicant a protection visa under s.65 of the Migration Act 1958 (the Act).
The applicant who claims to be a citizen of Egypt, applied for the visa on 21 September 2015. The delegate refused to grant the visa on the basis that the delegate was not satisfied the applicant would suffer serious or significant harm on her return to Egypt.
The applicant appealed that decision to this Tribunal attaching the Department decision to her review application.
CRITERIA FOR A PROTECTION VISA
See Annexure A
CONSIDERATION OF CLAIMS AND EVIDENCE
The applicant claimed in her PV application and by submission to the Tribunal that:
The applicant was raised in a family that offered their time and service to the Church in Egypt. Her father had a high profile with the Church and their community. When young, the applicant’s father on a number of occasions was threatened by Imams at a local mosque. Her father was also questioned by internal security a few times.
Service to the Church involved organizing youth group social activities and teaching children the Bible. The Church then allocated her to serve families that were poor and those that were elderly and less mobile. She studied various courses offered by the Church and eventually received recognition as a senior servant. Recently she became involved with the Sudanese refugee program.
She suffered many incidents of discrimination and persecution. In 2010 she was involved in a long drawn out incident with members of the Muslim community over a Christian girl, [Ms A], who was going to convert to Islam. She spent a lot of time talking to her when [Ms A] could not be found she was harassed to bring her back. She was harassed by police and many of the Muslim community but not much could be done because she did not know where [Ms A] was. Some police officers did not believe her and maintained their harassment.
Her husband was working in a [shop] owned by a Christian man named [Mr B]. [Mr B] used to employ Muslim females in sales to encourage Muslim women into his business. Muslim fundamentalists began to threaten [Mr B] and saying that he was trying to convert them to Christians. The fundamentalists came into the shop one day armed. They began to damage the shop and tried to drag the Muslim worker out of the shop. Fighting broke out, her husband was injured but [Mr B] was killed. Her husband was then threatened and forced to say it was a random attack from an unknown person. Since this time, they have been harassed by this group who frequently threaten them and try to set them up. The group is led by two men named [Mr C] and [Mr D] and contains Sheiks and fundamentalist people from the area and some members of the police. They complained to police a number of times for harassment, but police ignored them.
During the time of Morsi government, her work with the Church increased a lot. They had many more young ladies, men and full families, particularly the poor ones, being harassed to convert to Islam. [Mr C] and [Mr D]'s group were behind a lot of the harassment. Within a period of 12 months two young girls and a family of 6 that she had been working with converted to Islam under pressure. One of the girls, [Ms E], was raped so she gave in, converted to Islam and married a Muslim man. The applicant was involved in many arguments with [Mr D] and [Sheik F] over this case. She said that she was going to report rape and forced conversion, but they threatened that she or her daughter will be killed. To save her and her family [Ms E] decided to convert and marry. She was threatened that she will be killed, was followed and harassed in the street. During this time, they were too afraid to allow her daughter to go to school, so she missed about 6 weeks.
[Mr G] first converted to Islam because he could not afford to feed his children. After he converted, his underage children were automatically issued with new religion documents. [Mr G]'s wife and other children refused to convert. [Mr C] and [Mr D]'s group tried to pressure [Mr G] to divorce his wife.   At this time [Mr G] became sorry for what he did   and wanted to return to Christianity. The applicant tried helping the family, had many discussions with the people involved. She obtained the help of a lawyer but after she and the lawyer were threatened with being destroyed, the lawyer withdrew. [Mr G’s] family left things as they are so that they remain safe. [Mr G] prays at a Mosque but at home the applicant sat with the family in secret and they read the Bible and pray together.
Due to her work with the Sudanese families she was questioned by internal security very often. This work is organized by the Latin Church and is more protected on the surface only. She still received threats and harassment on the side from Muslim groups and police and internal security personnel. [Mr C] and [Mr D]'s group members frequently warn her about her work with the Sudanese families and they threaten the actual families not to be involved with her assistance.
In July 2014 a problem put her and family in serious danger. She had for many years been working with a very poor widow named [Ms H] and her [age]-year-old daughter [Ms I]. [Ms H] was diabetic and had her feet amputated and they both lived in a small room under a stairway. For many years she was responsible for [Ms H]. [Ms H] had for many years been harassed to convert to Islam and be rewarded financially. On a number of occasions, she had arguments with many Muslim men and once with a Sheik about the harassment. The more serious problem started to emerge when [Ms I] became older. For about a year before [2013] [Ms H] was being harassed about marrying her daughter to a Muslim man.
The applicant started taking her to Church and to a lot of her Charity work and tried to keep her focused on the Church and God hoping that she would not be led astray or tempted by the Muslim groups with money or marriage. [Ms I] was not was not readily accepted by the youth in the Church.
In about April 2014, [Ms I] was missing from school and did not return home till late and she would not tell them where she had been or if there were any issues in her life. Eventually one of the parishioners told her that they had seen her in another area with 3 older Muslim men. [Ms I] denied it. Eventually the applicant found out that plans were being made for her to marry the son of the local Sheik's assistant. The applicant arranged a group of females and took [Ms H] and [Ms I] for a 4 day retreat at a Monastery. At the Monastery the applicant worked very hard trying to help [Ms I] see the danger in what she was doing. When they returned home, [Ms I] appeared to have taken their advice initially. One night, a couple of weeks men came to her home and demanded to see her. They swore at her, called her kafir and demanded that she never speak to [Ms I] again. A physical fight started with her husband and the neighbours stopped the fighting. For about two weeks the applicant tried to avoid [Ms I] and she actually started to avoid her, but the applicant still went to see [Ms H].
One night returning home from service with the Sudanese families the applicant was physically grabbed and pinned against a wall and threatened with rape and death. She had never seen the man before, but he clearly said [Ms I] will be ours and you will be quiet. [Ms I] disappeared that week. It was very difficult with [Ms H] who had to be hospitalized and was sent to a church care facility. [Ms H] passed away in December last year her daughter was not at the funeral and nobody had seen her.
In February 2015 the applicant was returning home from church with her family and near their door was a woman wearing nikab. She did not approach them. The following week the same happened. her husband walked towards her and she signalled with her hand to the applicant. Her husband stopped and the applicant walked towards her. When she got close, she started to back away, but she put her hand to her ear as if she was using a phone and shrugged her shoulders. She ran away.
The following week she was there again, the applicant wrote her number on a paper wrapped it in a scarf and put it on a ledge. She went into her home, but her husband stayed far away. The woman took the scarf with the phone number in it. That night she was called twice from a private number, but nobody answered. The following Sunday at the same time that they used to see the woman, she received a private number call. It was [Ms I]. She was scared, stressed and asked for help. The applicant confirmed that she was the woman in nikab and she said she wants to return to Christ. The applicant told her that they need to meet but she said no and hung up.
She told her husband about the call and he insisted do not get involved. [Ms I] called again about 3 hours later and quickly said wear nikab and meet her next Sunday. The following Sunday she met [Ms I]. [Ms I] had converted to Islam, married and was pregnant. [Ms I] was promised that she would be allowed to have her mother live with her but after she married, she was moved from the area and not allowed contact with anyone. She wanted to leave her husband and return to Christianity. During this meeting the applicant did not tell her mother had passed away. [Ms I] was only able to meet or talk to her for a few hours on a Sunday. The applicant did not tell her husband and told him that she was doing a servant’s course on Sundays so that she could meet with [Ms I].
Every Sunday she met [Ms I] introduced her to [Ms J] who was also in the same situation as her but had two children. After meeting with [Ms I] and [Ms J] for a period of time, the applicant spoke to her priest about the situation. It was arranged that both [Ms I] and [Ms J] will be taken by the Church to a safe place and the Church will take over. The priest told her that he will let [Mr K] talk to her about the procedure. At the meeting she did not see [Mr K]'s face, but he was a short and very slim man and in the nikab passed very well for a female. He explained that he has done this a number of times before. He met with them again the following week and arrangements were made for [Ms I] and [Ms J] to be picked up and taken to a secret location. [Mr K] did not even know where the location would be, the drivers name would be [Mr L] and that he is Muslim, has a long beard and wears a robe. In May, [Ms I] went with [Mr L], but it appears that [Ms J] changed her mind.
Two weeks after [Ms I] was taken by the Church, the same men who had fought with her husband came to their home. At this time her husband knew that [Ms I] was with the Church but did not know the role the applicant played. Her husband immediately demanded that they leave the house but this time they were a lot calmer than previously. They questioned both of them about [Ms I] and they both said they had not seen or heard from her since she left. About 10 days later two of the men return with a woman in Nikab. This time they were very aggressive, and the applicant was home alone. They asked the woman if she knows her and she just shook her head. They were very aggressive with her and it appeared that one of them was her husband. He said to her speak, he slapped her on the face and threatened to kill her so that she never sees her children. The man then started to violently hit the woman and the applicant shouted at him to stop. The woman then screamed out some Islamic words and tried to stop the man hitting her. It was [Ms J]. [Ms J] was sobbing and kept saying "in the name of Allah I do not know her". She was being slapped and bashed and she kept repeating the same words.
The applicant started to scream at the man then the other man grabbed hold of her while the man with [Ms J] came up to her and grabbed her on the neck under the chin. He pushed her head back hard and said return [Ms I] or I will sort you out. He then lowered his hand onto the collar of her shirt and ripped it exposing her chest and bra and said "the breast of a kafir is worth a lot to me" By this time both [Ms J] and she were sobbing and close to passing out.
The applicant heard neighbours knocking at the door and asking what was happening.   When her husband came home the neighbours told him that there was some commotion, so she was forced to tell her husband most of the story. She did not tell him that they touched or threatened her because that would have made him angry and possibly made the situation worse. Her husband called the priest who came to see them.
Over the next two weeks, the two men, [Mr C] and [Mr D] and two different sheiks came to their home at various times. She and her husband were continually interrogated. Her daughter was sent to live with her in law because there was too much stress at home, and they were afraid that they will harm her. With advice from the priest and a lot of talking to her husband they tried to be calm with and agreed they would help find [Ms I]. She even showed them that she had called local female doctors to find [Ms I] because she could have visited doctors for her pregnancy. Both she and her husband were questioned separately by police about her history with [Ms I].
Until the applicant left Egypt she was harassed in the streets and interrogations at their home at very late hours in the night. Their neighbours were informed about the situation and some have reacted very badly towards them because they believe what they have been told.
Since the applicant left Egypt, her husband is with their daughter at his parent’s home. He goes to their house occasionally and is often told by neighbours that people have been looking for them.
The applicant cannot return to Egypt because it will soon be known that she was involved with [Ms I]'s escape from Islam and her husband. She will be persecuted until she tells them where [Ms I] is or will be killed if she returns.
The applicant provided to the Tribunal the following documents:
§Certificate of Membership ‘The Rector Mor of the Salesians’ 10/09/2006
§Reference Letter ‘[Church 1]’ 12/10/2020
§Medical Certificate – Medical History 10/10/10
§Certificate from Latin Church dated 1/6/2015 stating applicant completed course Active Salesians, stating she is “a committed servant and is responsible for poor family. She carries out the Social and Spiritual Service beyond the scope of the Church, same as any spiritual father”.
Tribunal hearing 15 October 2020
The applicant confirmed that the information in her PV was true and correct. She did not wish to change it.
She was a [Occupation 1] of [a] company in Egypt. She obtained her [Qualification 1] in 2013 after obtaining qualifications in [a different discipline]. She left in 2015 after working there for 20 years. At that time, she took holiday leave for 3 months. She worked right up until one week before she left. She has a husband and a daughter in Egypt. Her daughter is [age] years of age, she finished school in July and will study [Discipline 1] at university. Her husband works as a representative for the same company where she worked and before he worked in [specified] shops.
She said that she is Christian Catholic. She was born a Catholic, she became Coptic Orthodox when she married in 1993. She said she works at [Church 2] at [Suburb 1] and [Church 1] in [Suburb 2].
The applicant explained that she joined the Salesians in Egypt. She said it is part of the Vatican and Dom Bosco. It is a humanitarian church. The Salesians have a church, a youth playground and assistance for families. They have services for poor families and assist the Sudanese refugees. It is like a Latin Cathedral, it is in [District 1]. There is another church in [District 2]. She said she did sports activities for children, she taught the Bible to children at Sunday school in the beginning. Then services increased. She was employed 3 or 4 days per week. For the rest of the week she did things in the Church, it was open every day except a day or two. On Saturday there were no activities and she helped at the Church on Wednesday, Thursday, Friday and on Sunday she went to prayers.
She said that from 2007 the service changed and they started to have a lot of Sudanese refugees. When they first came, they tried to get them accommodation, after this any assistance required including financial and food. There is a place in the Church, and they come to the Church one day per week. Asked how many other people were involved in assisting the Sudanese she said that she has a certificate called ‘essential assistance’. There were other people assisting but she was the only person with a certificate. Asked what the priests did, she said that they would provide other services. She said that they did the paperwork and decided on the money. The priests were running the centre and she was an assistant. The priest provided the administration assistance.
Egyptian poor families were assisted when they came to the church, they were given food and financial assistance. Asked if they were Catholic families, she said they were of any religion. The Sudanese who came were a mix of Christian and Muslim.
Asked if she did anything else, she said she was assisting the poor families who came to the centre. That is why she had a problem. Asked why she had a problem she said that it was because of the girls, as in the area there were criminal gangs. Those gangs were following the families and tried to influence them to change their religion to Muslim, because they wanted people to become Muslim, so they gave them money and food.
There was a girl called [Ms A] and she knew she was going to change religions. She was one of the church girls. When she knew that was her intention, she sat with her and she told her she will get assistance. She then disappeared. The applicant had given her advice to stay with her family and religion. She gave her that advice 3 or 4 times. [Ms A] just disappeared. Asked if she spoke to the priest about the disappearance, she said he knew but when the girl disappeared, they had no knowledge about where she went.
The fanatic Muslims were trying to convince [Ms A] to change. Before they were dealing with her directly. It was [Mr C] and [Mr D]. They were looking for her and they thought the applicant hid her. They threatened her in the street. Many times, [Mr C] would meet her in the street and ask her where [Ms A] was. The police came and asked her where [Ms A] was, and she told them [Ms A] just disappeared.
After that there were 2 girls from the Church, and they forced the girls to change religion. [Ms E] was forced to change her religion and they raped her in 2013 during the period of the Muslim Brotherhood. [Ms E]’s situation became difficult and it was hard for her. The applicant told them “you forced her to change her religion” and they started to threaten her and her daughter. Asked who she spoke to, she said it was [Mr C] and [Mr D]. They were the ones around all the time. It happened in the street as she was going to and from the centre, that was only a short distance from her home. There were other people too. [Mr C] and [Mr D] were the ones at the front. Asked what the priest said when she told him about these threats, she said that there was nothing the priests could do about it. Nothing the church could do. She threatened these people she would inform on them. The priest said there is nothing they could do, and she should look after herself and daughter.

There was a big family of 6 persons and the gang convinced them to change from Christian to Muslim as the husband was very poor. Asked how it affected her, she said that the father was convinced to change. She said that the mother used to come to the centre crying and the children did not want to change. She was trying to assist so she went to a solicitor, but the solicitor received threats and he withdrew. When put nothing happened to her, she said that they threatened her. She received threats from [Sheikh F], but [Mr C] and [Mr D] threatened her again. It seems they think she is the one behind it and was responsible for them to change. Put that they changed their religion to Muslim and there was no reason to threaten her. She responded that the mother did not want to change religion. She has no problem if people change their religion. Asked if anything happened to her as a consequence, she said that after that many times she was threatened in the street. They put their hands around her neck and she was threatened and had to stop the service she provided. They threatened to kill her daughter. This Salesian Centre Service was assisting the poor families. The services were provided for the families and the families have daughters and they kidnapped them. When people are threatened they have fear, she said she has to stand with them.
Asked if any other workers at the Centre were threatened, she said that there were people before her and there will be other people. The people before her were threatened but they left the centre. Asked again what the priests did about this she said that the priest saw and endorsed the assistance. Asked if the priest lodged a complaint or went to the police, she said that the priest in the beginning advised her to look after herself and when she went to the police, they told her she was the cause of the problem. The police said stop at the Salesian centre, she is the cause of the problem.
In regard to [Ms I], the applicant said that she was a young girl, an orphan. Her mother used to come to the Church. [Ms I] was taken by the Muslim people and she got married. After they took her, the mother died. Two months later [Ms I] asked for assistance and she assisted her and then she helped her. She started to come to her wearing Muslim clothes, she spoke to the father and the Church. The priest and another person took her to another place, she is safe. She has not heard from her since. She only knows she is in a safe place, but the groups did not like that. A short time after she left, they came to her place and asked where [Ms I] was. Big group started to come, and they beat her husband. She contacted the police, no-one would do anything for them. In the eyes of the police, it is her fault. Asked if she was charged with any offence, she said they accused them of hiding her. She said she went to the police station and no help was offered. They told her if they found out she was the cause they threatened her, but did not charge her. They told her clearly, they believed she was the cause of [Ms I] going away. Put again she was not charged. She said there was no evidence against her, but that fanatic group believes she is the cause. Asked when the conversion and reconversion of [Ms I] happened, she said it was in February 2015. Her mother passed away at end of 2014.
The applicant said she was threatened in February 2015. Asked if she spoke to the priest, she said that the priest knew what the police told her. The priest did not do anything. During the time before she came to Australia, they threatened her again and said that when [Ms I] came she had another girl in a forced marriage. She wanted to come back to Christian religion again, they came to their place with lady with a burka.
Asked her what she fears about returning to Egypt, she said that things happened to families and will happen again. She said that it may be [Mr D], [Mr C] or the Sheikh are not there, but the group also exists. The group believes [Ms I] left the Muslim religion and became Christian and they believe she is cause of that and she should be killed. Put [Ms I] was not killed when she was in Egypt, the applicant said that she left a very short time later.
I put that forced conversions are not a regular phenomenon and that most conversions are done to marry someone from another faith or to initiate divorce. She responded that is in majority of cases, but she has no problem if they want to change but she does not believe girls should be raped or taken away from their mothers. All she provided was advice.
It was put to the applicant that the Salesian mission work is government approved and that it provides assistance to refugees and vulnerable Egyptians. Government approves of mission. She responded that inside the church she is safe. It was put that it was implausible that the priests, whose helpers are being harmed, would not report harassment of its helpers to the police and would not obtain assistance for its staff. She said that the harassment does not happen in the church it happens outside, they did not come to the church. Put to her that details of Sudanese baptisms are shown on the internet and were people to be harmed in the manner claimed by her, the mission would take some action.
Put that she stated in her PV that due to her work with the Sudanese families she was questioned by internal security very often. She received threats and harassment from Muslim groups and also police and internal security personnel for her work with the group. She responded that [Mr C] and [Mr D]'s group members frequently warn her about her work with the Sudanese families and they threaten the actual families not to be involved with her assistance. Put the independent evidence indicates that there is assistance given to Sudanese with government approval and her claim is implausible. She responded that the groups had difficulty with Muslims coming to get assistance from Christian organisation. She said that they wanted her to tell a Muslim to go to a mosque to get assistance. They wanted her when 2 people came, Christian or Muslims to only give service to Christian. Groups believed they want her to convince them to convert.
Asked the applicant, if she proselytised, meaning convert or attempt to convert (someone) from one religion to another, she said no. She said the girls changed their religion under duress she was only providing advice.
Independent evidence was put to the applicant regarding Copts in Egypt. She said yes she lives a very good life in Egypt. She said they are a small percentage. In southern Egypt if they appointed a Christian Governor there would be an outcry. Politically government is good, it is the fanatical groups.
It was put that converts from Islam to other religions are not generally subject to officially sanctioned violence, detention or surveillance. However, they face significant societal discrimination. It was put that independent evidence indicates the Christian church is not involved in proselytizing activities. She responded church will never tell anyone to convert. I put that it was therefore implausible that her priest helped a girl who had converted go into hiding. She said the girl was the one who wanted the assistance.
It was put to the applicant that the independent information indicates that whilst some Coptic Christians suffer discrimination in Egypt there is no evidence that the police would refuse to assist a Coptic Christian who has been threatened or attacked. She said that they are kidnapping the girls, there were 2 incidents just recently. It was put that she will not be kidnapped. She agreed and said she will provide the service when she returns. It was put to her that it was the Church providing the service. It was put that the police will assist her. She said they will kill her.
It was put that the police have actively restored their presence and authority since the July 2013 military intervention and the election of President Sisi. DFAT also noted that, “there have been substantial improvements under the Sisi administration in terms of personal safety and freedom of worship for Copts”, widespread attacks have ceased and “most Copts from all walks of life live peacefully with their Muslim neighbours, particularly in urban centres”. She responded that Sisi has changed but he can never change the ideas of the thinking and the groups.
When put that DFAT assesses that day-to-day life in Egypt is 'not overly affected by sectarian differences' and most Egyptians, particularly those in urban areas, have little regard to each other's religious identity. The Sisi government has sought to improve law and order and has taken several highly visible steps towards bettering state relations with the Coptic community she said that Sisi cannot change the people. These groups are against the government and others. They kill a lot of police.
Put that most Egyptians—especially those living in cities and urban areas—work, live and socialise together with little regard to each other’s religious identity. She agreed saying in the building where she lives, they are all Muslim. After the fanatics came, they told the neighbours they changed because of her they believed those groups. Put nothing happened to her. She said she left for Australia. During that time, they came to her place and made threats.
Put nothing happened to husband or daughter, who is able to start at university. She said that they came, the neighbours said the people come and look for them. Until recently they were waiting for her to come back to ask about the whereabouts of [Ms I]. For the last 2 years they put her daughter under pressure.
She said if she did not fear for her life, she would not have left Egypt. She said that because of threats against her life it is better for her daughter to have an alive mother even if she lives far away. She is helping with the church and she is helping one day and 3 days she works at an Orthodox church and provides service there. They have many elderly people there with a disability who come to Church and she provides assistance. She has been treated in Australia for cancer. She is no longer strong enough to put up with what happened before to her.
The Tribunal gave the applicant additional time to provide any further submissions. The applicant provided the Tribunal with a letter from [Father M] the Parish Priest [of] the Salesian Don Bosco that stated the applicant worked for the church, her services increased from simple tasks in 2009 when she obtain a certificate of the Salesian Assistant. She served poor Egyptian and Sudanese families.
During these years she was active in her services and in 2014 she became a victim of bodily and psychologically harm. The problems still exist to the present. Her return and remaining in Egypt could put her life in danger.
Also provided by the applicant were references.
· AND FINDINGS
There is no evidence before me to suggest that the applicant has a legally enforceable right to enter and reside in any other country other than Egypt and therefore I find that the applicant is not excluded from Australia's protection by s.36(3) of the Act. I also find that Egypt is the applicant's “receiving country” for the purposes of s.36(2)(aa).
The assessment of the applicant’s credibility and reliability as a witness is a matter of central importance to my consideration and determination of the application. I am not required to accept uncritically any and all claims made by an applicant. In assessing credibility, I have also been guided by the Tribunal’s 'Guidance on the Assessment of Credibility' and 'Guidance on Vulnerable Persons'.
I have considered a medical report by [Dr N] detailing the applicant’s medical history. The doctor indicates that as a result of cancer treatment and hormonal therapy, the applicant developed [medical conditions]. She has developed stress and depression that has had a significant impact on her memory and overall cognitive state. The applicant attended a video hearing. I observed that she answered questions without difficulty. Despite her stress and depression having a significant impact on her memory and overall cognitive state, the applicant was able to present her evidence and arguments and was not confused or inarticulate whilst giving evidence.
In assessing whether there a real chance the applicant will suffer serious or significant harm in the reasonably foreseeable future on the applicant’s return to Egypt, I have considered the applicant’s account of her experiences and circumstances in the context of that country information in relation to Egypt.
The majority of the Christians in Egypt[1] are members of the Coptic Orthodox Church of Alexandria. The number of Catholics (less than 200,000) in Egypt makes up much less than 1% of the total Egyptian population, which is roughly 100 million people. Many of Egypt's Latin Catholics are of Italian or Maltese descent, while Egypt's Melkite Greek Catholics and Maronite Catholics are predominantly of Syro-Lebanese descent.
[1] >
The Salesian Cooperators[2] are single or married lay men and women, or diocesan clergy, who dedicate themselves to the welfare of young people, and live guided by Don Bosco’s Salesian Spirit. Generally, the Salesian Cooperators are affiliated with a local Salesian school, parish and youth center. Some of the Cooperators work directly in Salesian ministries while others serve in their parishes or other ministries. Some Cooperators do not work directly with any particular ministry, but bring the Salesian Spirit to their workplace, profession and family. The core of the Salesian Cooperator’s commitment is to live his or her life as a good Christian and a good Catholic. The Salesian Cooperator embraces a Gospel way of life, sharing in the Church’s mission to bring Christ to society, especially the young.
[2]
Salesian’s describe their presence in Egypt[3] as follows:
Today, the "Don Bosco" school in Alexandria is daily attended by about 900 pupils; on offer, from elementary to vocational training, the institute is recognized, and partially funded, by the Italian Ministry of Foreign Affairs. The peculiar element of this home is that it is attended almost exclusively by young Muslims who recognize, with their parents, that Don Bosco and his educational system are a great gift for them, too. The courtyards and playgrounds of the Salesian House, when the students leave in the afternoon, do not remain silent and empty for long; to bring life and happiness to the playgrounds are the children of the day oratory; the animators are, too, also all Muslims.
The Salesian presence in Cairo has similar features: there is an excellent vocational school, also recognized by the Italian State, and it is attended by nearly 800 students from across the country. Also in Cairo, when there are no lessons, the courtyards are filled with teens – this time, for young Christians so they, too, may be allowed to grow not only in social life but also in the Christian faith in a country wherein they are a minority, and often marginalized. Indicative is the fact that a whole Christian neighbourhood rises on a landfill and waste area; the population survives by collecting waste and reselling recyclable materials.
Egypt's third Salesian center is in Cairo's peripheral district of Zeitun. The Salesians have been present there for about 30 years with an oratory, a youth center, and now a parish, and their ministry is directed to Sudanese refugees and street children. Among the Sudanese, baptisms are numerous, and catechism is followed by all the children. Sunday Mass lasts no less than two hours, and are animated by songs and dances accompanied by traditional drums. The street children here are Egyptians and the educational team follows about seventy.
[3] >
Salesian missionaries have been working in Egypt providing both primary and technical education since 1925[4]. In 2014, Salesian Missions, with support of external donors, began working with the Instituto Don Bosco in Cairo to fund scholarships as part of the Sunrise Project. This skills training program assists refugees and vulnerable Egyptians in gaining the technical and life skills they need to find employment and support their families in their new country. Early education helps students prepare for advanced education in vocational and technical skills training needed to find and retain stable employment. Salesian primary schools also provide additional programs for youth like feeding programs, sports and afterschool programs.
[4]
According to Salesians Mission Newswire
Salesian missionaries in the community of Zaytoun within the city of Cairo, Egypt, offer an oratory and parish. The programs primary serve young Egyptians and South Sudanese who are refugees in the country. Father Dany Kerio, rector of the Salesian community, notes that the oratory playground is a meeting place of culture and people.
“Our programs are frequented by street children, orphans, children of workers, middle-class young people and people of many religious backgrounds,” says Fr. Kerio. “Then there are also the South Sudanese, refugees and displaced persons, the tribes and ethnic groups that are enemies in South Sudan, but here they are at peace with each other. So many prejudices have been dispelled because people find common ground and mutual understanding.”
The Salesian community provides education and social development services for youth and their families living in poverty in the region. Youth are able to access the Salesian program and gain assistance with homework, connect with their peers, and be connected with adults who provide mentorship and support in their lives. The community is also serving many South Sudanese refugees who have escaped violence and conflict in their home country. But many are faced with racial discrimination and challenges in Egypt. Salesian missionaries work to mitigate these difficulties through programs aimed at helping refugees integrate into their new communities.
In addition, Salesian missionaries have been helping Syrian refugees in Egypt as well as Turkey, and Lebanon since early 2012. Between 400 and 800 refugees are helped each day, many of whom are women and children. At these refugee sites, missionaries provide emergency relief by meeting basic needs and providing shelter, safety and medical assistance. Missionaries also offer technical skills training to assist refugees in the task of finding stable employment in their new host countries which for many is particularly challenging due to labor laws and a lack of established social and professional networks.
I give the applicant the benefit of the doubt and accept that when she was young her father was threatened by Imams at a local mosque and questioned by internal security. The applicant does not claim that these incidents occurred when she became an adult or that she had an adverse profile because of these incidents.
The applicant claims that she was harassed by the Muslims community, in particular [Sheik F], [Mr C] and [Mr D] and their group, and the police. She was a person in the Salesian centre who held a certificate ‘Active Salesians’. There were other people assisting at the Salesian Mission, but she was the only person with a certificate. She claims she:
·Spent a lot of time talking to [Ms A], one of the church girls, who was going to convert to Islam. [Mr C] and [Mr D] and the police were looking for [Ms A] and they thought the applicant hid her.
·Two girls were forced to change their religion. [Ms E] was forced to change religions and she was raped.
·A family converted to Islam so that the applicant spoke to the husband, [Mr G], who wanted to return to Christianity, she was threatened, the applicant sat with the family in secret and they read the Bible together and prayed
·She was threatened with being raped because [Ms I] spoke with her. [Ms I] converted to Islam and reconverted to Christianity. [Ms I] was taken by the church to a safe place and now the police are searching for her
·[Ms J] was going to be taken to a safe place but did not go
·Assisted Sudanese refugees

The applicant claims that because of her work, talking to those who were converting to Islam or had converted, she was attacked and harmed, not only by non-state actors but by police. The police did not arrest her or charge her with any offence. The applicant claimed that the people she provided advice to, were forced to convert to Islam. When put to the applicant that forced conversions are not a regular phenomenon and that most conversions are done to marry someone from another faith or to initiate divorce, she responded that is in the majority of cases, but she has no problem if they want to change. She does not believe girls should be raped or taken away from their mothers. The applicant provided a 2018 report from Guardian newspaper[5] that stated 17 girls were kidnapped and converted to Islam. I have considered this report and I note that it refers to girls in Minyan province. I accept that there are reports of girls being kidnapped and converted to Islam in villages in Upper Egypt, including Minyan. The applicant lives in Cairo, not in Upper Egypt.
[5]
Copts accused of proselytising have been harassed and detained by the authorities. I note there are legal penalties for those who ‘make use of religion in propagating extreme ideas for the purpose of ridiculing or insulting a heavenly religion’ in Egypt[6]. I asked the applicant if she proselytised, meaning convert or attempt to convert (someone) from one religion to another, she said “no”. She said the girls changed their religion under duress, she was only providing them with advice. I do not accept, as plausible, that a person who claims she merely spoke to girls who had converted to Islam, giving them advice, would be perceived adversely especially as the applicant was neither detained by the authorities nor had any legal action taken against her to impose any legal penalties. I therefore do not accept that the applicant was perceived adversely or perceived as someone who was proselytising or perceived as propagating extreme ideas.
[6]
The applicant stated in her PV that due to her work with the Sudanese families she was questioned by internal security very often. She received threats and harassment from Muslim groups, the police and internal security personnel for her work. [Mr C] and [Mr D]'s group members frequently warned her about her work with the Sudanese families and they threatened the actual families not to be involved with her assistance. I accept that the Salesians assist the Sudanese refugees and other poor families in Cairo. I accept that the applicant assisted the Salesians at their mission with children’s sport activities, bible teaching at Sunday school and assisting at the church. I accept that she sat with the [Mr G] family reading the Bible. The work of the Salesians in Cairo is documented extensively on the internet. It involves financial assistance, food and various projects. The applicant also claimed at hearing that she was assisting the poor families that came to the centre and she had a problem, because of the girls in the area and families were being followed by the criminal gangs who tried to influence them to change their religion to Islam, because they wanted people to become Muslim so they gave them money and food. I have found no independent evidence to support the applicant’s claim that criminal gangs in the area, where the applicant was an active Salesian assistant, were following girls and families attempting to influence them to change their religion and also gave them money and food. I am of the view that were it the situation it would be known to independent sources who report on Christians in Egypt.
The Salesian missionaries[7] offer educational and social programs, vocational and technical training to assist refugees and vulnerable Egyptians in gaining the skills needed for employment. Their programs attract international funding from US and Italy. When put to the applicant that the independent evidence indicates that assistance is given to Sudanese and others and her claims being threatened for her work with people who attended at the Salesians mission was implausible, she responded that the groups had difficulty with Muslims coming to get assistance from a Christian organisation. She said that they wanted her to tell a Muslim to go to a mosque to get assistance. They wanted her, when 2 people came, Christian or Muslim, to only give service to Christians. The groups wanted her to convince them to convert. I do not accept her explanation. I note that Coptic Christians are attacked in Egypt, but I have found no independent evidence to suggest that Salesians are subject to attacks and forced to or threatened with conversion to Islam. I am of the view that were it the situation that refugees and others who attended the Salesian missionary parish, where the applicant assisted, were harassed or threatened or forced to convert to Islam there would be some mention in the independent sources who report extensively on instances of harm occasioned to Christians in Egypt.
[7]
Further, the applicant has claimed that a family attending the Salesian centre were forced to convert. The mother would come to the centre crying and the children did not want to change. The applicant claimed that a girl called [Ms E] had been raped and Salesian Centre families with daughters were kidnapped. When I asked the applicant what the priests had said or done about the threats to her by the people who were harassing and threatening her, the applicant said there was nothing the priests could do about it. Nothing the church could do. The priest said there is nothing they can do, and she should look after herself and daughter.
The applicant’s response to whether other workers at the Centre were threatened was vague. She said that there were people before her and there will be other people. She also said that the people before her were threatened but they left the centre. Asked again what the priests did and whether they lodged a complaint with the police, she did not respond to the question rather stating that the priest in the beginning advised her to look after herself. When put to the applicant again that helpers are being harmed, and it was implausible that the priests would not report harassment of their helpers to the police and would not obtain assistance for their staff, the applicant then said that harassment does not happen in the Church, it happens outside. The harassers did not come to the Church. I do not accept as plausible that because harassment of members of a Church congregation occurs outside the Church that the Church authorities would not take any action. I prefer to rely on the information provided by the Salesians in their website that they have been in Cairo, in El-Zietoun, for about 30 years where they have an oratory, a youth center, and now a parish. Their ministry is directed to Sudanese refugees and street children, baptisms are numerous amongst the Sudanese, and catechism is followed by all the children. Sunday Mass lasts no less than two hours, songs and dances are accompanied by traditional drums. The street children that attend at the mission are Egyptians. I am of the view that were it the situation the workers at the Salesian centre were threatened at the church or outside the church and the applicant was threatened for the work that she was doing at the centre, there would be some mention in the independent evidence about threats of harm to Salesian workers and threats of harm to families who attend the Salesian mission in Cairo. I am not satisfied that the applicant was questioned by internal security very often, received threats and harassment from the police, Muslim groups, the Sheik and [Mr C] and [Mr D] or their group members, for her work.
I have considered a report provided by the Salesian [Parish Priest]. I accept that the applicant was active in service for the Church. I place no weight on this report as corroborative evidence that the applicant was physically and psychologically harmed in 2014 because of her work for and with the church in providing advice to those who converted to Islam or were forced to convert or attempting to escape from non-state actors seeking to harm them because no mention of who harmed her is made in this report. As the author of the report does not explain what problems still exist to the present or why her return and remaining in Egypt could put her life in danger, I place no weight on this report.
I have also considered, and accept, a Certificate from Latin Church dated 1/6/2015 stating the applicant completed a course Active Salesians, that she is a committed servant and is responsible for poor families. I place little weight on the statement that the applicant was “carrying out the Social and Spiritual Service beyond the scope of the Church, same as any spiritual father”. The applicant’s evidence is that the priests only attended to administrative activities and there is no information about what the social and spiritual service involved. I also place no weight on this report as corroborative evidence that the applicant advises or talks to those converting to Islam or those who have converted to Islam and seek to return to Christianity. I am not satisfied that the applicant was talking and provided advice to any families, kidnapped daughters or daughters of Salesian families. I find that the applicant’s involvement with the Salesians was such that it did not bring her to the attention of Muslim extremists or gangs and I also find that she was not perceived to be or a accused of being a person assisting with conversions to Christianity or Islam. I do not accept that the applicant was arguing with non-state actors or police or that they were threatening her or that she threatened them.
In regard to a girl called [Ms I], the applicant claimed that [Ms I] attended the church and she was forced to convert to Islam. [Ms I] then left Islam, assisted by the applicant and the church.
DFAT assessed that day-to-day life in Egypt is 'not overly affected by sectarian differences' and most Egyptians, particularly those in urban areas, have little regard to each other's religious identity. The applicant confirmed that advice stating that in her unit block she lived with Muslim neighbours. The applicant’s evidence regarding [Ms I]’s conversion back to Christianity was vague. When I asked the applicant if she spoke to the priest, the applicant said that the priest knew what the police told her, the priest did not do anything and later she said the priest assisted [Ms I] to go into hiding. The independent evidence[8] indicates that the government recognizes conversion from Islam for individuals who were not born Muslim but later converted to Islam. Numerous Sudanese baptisms conducted in Cairo are referred to by Salesians on their internet site. I do not accept that [Ms I], a member of the Salesian congregation, was forced to convert to Islam or convert back to Christianity from Islam because I do not accept that families and girls who attend the Salesian mission have been forced to convert to Islam or convert back to Christianity from Islam. As Salesians describe their baptisms and religious services in a public forum, the internet, and as I have found no independent evidence to support forced conversions of members of the Salesian congregation and I am of the view that some mention would be made in the independent evidence that reports extensively on Christian issues in Egypt, I reject the applicant’s claim regarding [Ms I]’s forced conversion.
[8] US State Department Report on International Religious Freedom: Egypt 2019
As I have rejected her claim of [Ms I]’s forced conversion, it therefore follows that I do not accept that anyone seeks to harm [Ms I] for conversion or reconversion and I do not accept that [Ms I] went into hiding and is missing. I do not accept anyone came to the applicant’s home, swore at her, physically fought her husband requiring neighbours to stop the fight. I do not accept that the applicant was physically attacked or harmed or threatened with rape or death or that non-state actors returned continuously to threaten and physically assault her or interrogate her and her husband. I also do not accept that the non-state agents have threatened the applicant or her family, or that her family have had to leave their home or that anyone has put her daughter or husband under pressure. I also do not accept that non-state actors came to the applicant’s home and told her neighbours that they were looking for her because [Ms I] went missing and these non-state agents are now waiting for her to come back to Egypt and to ask her about the whereabouts of [Ms I] or that she was continually harassed in the streets until her departure.
As I do not accept that the applicant was harassed or harmed by either non-state actors or the police in regard to [Ms I], I do not accept that the applicant was threatened by non-state actors in regard to any girls or families the applicant has met or was involved with whilst in Egypt or that she argued with non-state actors all the time or that she threatened non-state actors that she would inform on them. Therefore, I do not accept that non-state actors threatened to kill her daughter or that the police told her to stop her work at the Salesian centre or that the police threatened her. I do not accept that the applicant’s assistance at the Salesian mission was perceived adversely or that she was involved in providing any advice that was perceived as blasphemy, proselytising or Christianising activity in Egypt.
Further, despite her claims that her husband and daughter were harassed, threatened and they had to move away from their neighbourhood, her evidence is that her husband was able to return occasionally to speak with the neighbours and nothing happened to him or their daughter. Her daughter will start university shortly. I am of the view that were her family to be in fear or harm, as claimed, her daughter would not be attending university.
I am satisfied the applicant is not a witness of truth. I am satisfied she has created her claims of harm in order to obtain the visa sought. Therefore, I reject her claims she suffered discrimination or harm from the police or non-state actors. I am satisfied that after her husband lost his job in the [shop], non-state actors did not continue to harass and threaten the applicant and her family. I am satisfied that as a worker for the Salesian mission in Cairo the applicant did not suffer any harm. I am satisfied she did have an adverse profile for her work with the mission.
I have considered all of the applicant’s evidence singularly and cumulatively. I do not accept that the applicant fled Egypt fearing any harm. I am satisfied the applicant came to Australia, to visit her family.
In assessing whether there a real chance of serious or significant harm occurring in the reasonably foreseeable future on the applicant’s return to Egypt, I have considered the applicant’s account of her experiences and circumstances in the context of that country information in relation to Egypt. As I am satisfied the applicant did not suffer any harm when she lived in Egypt, I do not accept that anyone seeks to harm her on her return to Egypt.
Egypt has a population of over 92 million. I accept that the general situation in Egypt is unstable, unsafe and risky. There are lots of bombings and killings in Egypt, and a heightened threat of terrorist incidents. These incidents affect the majority of the population.
The applicant claimed and I accept that she is a Coptic Catholic Christian. According to DFAT[9], Coptic Christianity has deep roots in Egypt, emerging in the country approximately six centuries before the arrival of Islam. There are no legal barriers to prevent Christians from being visible in public life, and a number of Christians have become prominent and influential in Egyptian politics and business. DFAT understands that the percentage of Christians in the Egyptian civil service is broadly representative of the religious breakdown of the population. However, Christians tend to be under-represented in senior civil servant roles, and in the upper ranks of the military and security services. It is very rare for Christians to be appointed as presidents, deans or vice-deans in public universities. While anti-discriminatory laws and legal protections exist, these are not always enforced fairly and Christians may experience some discrimination, particularly in rural areas. The applicant is from Cairo. DFAT assesses that Copts experience 'low levels' of official discrimination.
[9] DFAT 19 July 2019
In July 2019[10] the state-run University of Alexandria and state-run University of Damanhour announced the establishment of centers of Coptic studies, in collaboration with the Coptic Orthodox Church. The institutes will include courses in the study of Coptic language, literature, history, and art.
[10] US State Department Report Religious Freedoms Report 2019 Egypt
Whilst I accept that some ethnic Copts can suffer discrimination in the workplace, the applicant completed qualifications as an [Occupation 2] and makes no claims of harm in the workplace. Her husband, who lost his job in a [shop], when his employer was killed by Muslims, was threatened and forced to say it was a random attack from an unknown person. I do not accept that the applicant and her family have been threatened or harmed by anyone since that incident. The applicant’s husband works in the [business] where was the applicant was previously employed. The applicant’s daughter will be attending university shortly.
Although there are no legal prohibitions on Coptic rituals or practices, Coptic Christians reportedly face official and societal discrimination. According to DFAT, the treatment of Coptic Christians in Egypt will vary depending on individual circumstances. As I do not accept the applicant is witness of truth, I reject her claim that she faced societal discrimination in the past, and I find remote the chance the applicant will face societal discrimination in the future. The applicant makes no claims of suffering official discrimination, I therefore find remote the chance she would suffer official discrimination in the future.
There are about 2 000 churches in Egypt overall. There have been a number of churches attacked in Egypt. I note the independent evidence provided by the applicant[11] regarding attacks on churches and Copts. In addition to targeting churches and private properties by radicals or militants, violence in recent years has included community-level clashes and attacks against Coptic individuals. Most Egyptians—especially those living in cities and urban areas—work, live and socialise together with little regard to each other’s religious identity. However, when small-scale disputes arise (e.g. due to a neighbourhood disagreement) they can adopt a sectarian dimension and, infrequently, mushroom into community-level violence. This happens more frequently in poorer urban and rural areas. Further, the decrease in general law and order in Egypt in the years following the January 2011 revolution contributed to a general rise in crime and civil disorder throughout the country at that time.
[11] ,
According to DFAT report 2019 the majority of incidences of communal violence in recent years have taken place in the provinces of Upper Egypt. The province of Minya – which has a sizeable (approximately 40 per cent) and relatively assertive Christian population, high concentration of Islamists, high rate of poverty, and low rate of education – has been particularly notable in this regard. The applicant is from Cairo.

Egyptian leaders are sensitive to the impact of communal violence. President Sisi has repeatedly denounced attempts to create rifts among Egyptians and called for national unity, most recently in relation to the displacement of Christians from northern Sinai. In December 2018, the government announced it would form a higher committee tasked with developing a general strategy to prevent and confront communal incidents. While acknowledging Sisi’s personal engagement on the issue, Church officials have questioned the commitment of some local officials and law enforcement to upholding the law equally for Christians and Muslims. DFAT assesses that while Egyptian authorities are generally committed to preventing communal violence, this commitment may vary between individuals and locations. Occasional violent incidents of communal violence are likely to continue to occur, especially in Upper Egypt and in Minya in particular. Most cases are likely to be the result of small-scale localised disputes that take on a religious dimension. Esshad, a website that records sectarian attacks, documented a 29 percent reduction in intercommunal violence between 2018 and 2019[12].
[12] US State Department Report Religious Freedoms Report 2019 Egypt
I accept that the applicant is a member of the Salesians who has led an active life within her church, assisting families in need. I accept the applicant will provide the same service when she returns. I have no evidence before me to suggest that Salesians or Salesian workers suffer serious harm. I am of the view that were it the situation it would be known to independent sources. I find remote the chance that the applicant will suffer serious harm on her return for her active work within the Salesian church and her work with Egyptian and Sudanese families that the Salesians state on their internet site[13] involves activities such as programs for poor youth and their families, access to education, counselling, team sports, music classes, tailoring courses, rights awareness, medical referrals, emergency relief by meeting basic needs and providing shelter, safety and medical assistance.
[13]
The applicant provided a 2018 article from the Guardian[14] titled ‘Christians in Egypt face unprecedented persecution’. It stated girls were kidnapped by Islamist extremists intent on forcing them to marry Muslims. The report does not indicate where or when the girls were kidnapped so I place little weight on it. DFAT is aware of anecdotal reports of Christian women and girls being abducted and forcibly converted to Islam. Such reports have occasionally led to increased tensions and clashes between Christian and Muslim communities, particularly when the alleged abductions involve family members of Christian priests. However, there is little evidence to suggest that forced conversions occur as a regular phenomenon. Further, there is some evidence that Islamic extremists use kidnappings to intimidate and control the Christian population in rural Egypt. Kidnapped girls are forced to convert and then marry a Muslim man[15]. The applicant is not from rural Egypt, she is from Cairo. Whilst there are some Copt women who have been kidnapped in Upper Egypt when put to the applicant that she will not be kidnapped, she agreed. I therefore find remote the chance that the applicant will be kidnapped in Egypt.
[14]
[15]
The police have actively restored their presence and authority since the July 2013 military intervention and the election of President Sisi. The Sisi Government’s strong emphasis on internal security has largely restored general law and order throughout most of the country[16]. Large-scale ongoing protests such as those experienced in 2011 and 2013 are now very rare. The government prosecuted some perpetrators of crimes targeting Christians and instances of sectarian violence[17]. Converts from Islam to other religions are not generally subject to officially sanctioned violence, detention or surveillance[18]. However, they face significant societal discrimination in the form of rejection, ostracism and sometimes violence from their families or communities. Such discrimination is worse in poorer and rural areas, which tend to be more socially conservative. The level of discrimination is likely to be higher if the convert engages in proselytization.
[16] DFAT 2019
[17] US State Department Report Religious Freedoms Report 2019 Egypt
[18] DFAT 2019
DFAT also notes that, professionalism varies across the police. The effectiveness of the police in general is limited by a shortage of equipment, a lack of training, low pay, and poor investigative skills, particularly in relation to investigating cases of sexual assault. In May 2015, the Ministry of Interior commenced a new policing strategy aimed at improving responses to violence against women, including through human rights training and the deployment of more female physicians to hospitals. Human rights groups report, however, that many women will not report crimes due to a lack of trust in the police.
DFAT suggests that Christians have continued to be prosecuted under blasphemy charges. Copts accused of proselytising have been harassed and detained by the authorities, although there were no reports of this occurring in 2013 or 2014. The government does not recognise conversions of Muslims to other religions and church officials have been arrested for providing false identity documents to converts. As I do not accept that the applicant was perceived to be proselytising in Egypt, therefore I do not accept that the applicant would proselytise or assist former Christians reconvert to Christianity on her return. I am satisfied that the applicant will continue her work with the Salesians. I do not accept that such work is perceived adversely in light of the Salesians own internet site that describes their missionary work in Egypt.
Having regard to the country information above, I find that, while tensions and the potential for sectarian violence continue to exist, the overall situation for Coptic Christians has improved since the violence of August 2013 and it is relatively secure, particularly for those who reside in Cairo. DFAT assesses that day-to-day life in Egypt is 'not overly affected by sectarian differences' and most Egyptians, particularly those in urban areas, have little regard to each other's religious identity. The applicant acknowledged she had a good life in Egypt.
The Sisi government has sought to improve law and order and has taken several highly visible steps towards bettering state relations with the Coptic community, the applicant said that Sisi cannot change the people. These groups are against the government and others, they kill a lot of police. I prefer to rely on DFAT that states most communal incidents in Egypt take the form of vandalism and destruction of property. The large-scale anti-Christian violence that occurred in 2011 and 2013 notwithstanding, high-profile incidents in which people are killed or churches attacked are not a frequent occurrence.
The government of Sisi has repeatedly denounced attempts to create rifts among Egyptians and called for national unity. Egyptian leaders are sensitive to the impact of communal violence. However, lower-level Church officials have questioned the commitment of local officials and law enforcement to upholding the law equally for Christians and Muslims. DFAT assesses that while Egyptian authorities are generally committed to preventing communal violence, this commitment may vary between individuals and locations. Occasional violent incidents of communal violence are likely to continue to occur, especially in Upper Egypt and in Minya in particular. Most cases are likely to be the result of small-scale localised disputes that take on a religious dimension.
Having regard to the country information above, l do not accept that the applicant faces a real chance of serious harm because of her religion, or for her race, nationality, membership of a particular social group or political opinion, on her return to Egypt.
I must also consider whether there are substantial grounds for believing that, as a necessary and foreseeable consequence of the applicant being removed from Australia to Egypt there is a real risk she will suffer significant harm.
Having regard to my findings that the applicant did not suffer serious harm in Egypt, I do not accept that there are substantial grounds for believing that, as a necessary and foreseeable consequence of the applicant being removed from Australia to Egypt, there is a real risk that she will suffer significant harm.
I accept that the applicant is a Catholic Coptic Christian however the country information does not suggest that she faces a real risk of significant harm because of this or because she is a Salesian Cooperator. I do not accept on the evidence before me, therefore, that there are substantial grounds for believing that, as a necessary and foreseeable consequence of the applicant being removed from Australia to Egypt, there is a real risk that she will be arbitrarily deprived of her life, that the death penalty will be carried out on her, that she will be subjected to torture, that she will be subjected to cruel or inhuman treatment or punishment or that she will be subjected to degrading treatment or punishment.
I do not accept that there are substantial grounds for believing that, as a necessary and foreseeable consequence of the applicant being removed from Australia to Egypt, there is a real risk that she will suffer significant harm.
CONCLUSIONS
The Tribunal has considered the applicant’s claims under complementary protection. The Tribunal is not satisfied that there are substantial grounds for believing that, as a necessary and foreseeable consequence of the applicant being removed from Australia to Egypt, there is a real risk that she will suffer significant harm. Therefore, the Tribunal finds that the applicant does not satisfy the criterion in s.36(2)(aa).
There is no suggestion that the applicant satisfies s.36(2) on the basis of being a member of the same family unit as a person who satisfies s.36(2)(a) or (aa) and who holds a Protection visa. Accordingly, the applicant does not satisfy the criterion in s.36(2).
For the reasons given above the Tribunal is not satisfied that any of the applicant is a person in respect of whom Australia has protection obligations. Therefore the applicant does not satisfy the criterion set out in s.36(2)(a) or (aa) for a protection visa. It follows that the applicant is also unable to satisfy the criterion set out in s.36(2)(b) or (c). As the applicant does not satisfy the criteria for a protection visa, the applicant cannot be granted the visa.
DECISION
The Tribunal affirms the decision not to grant the applicant a Protection (Class XA) visa.
Lilly Mojsin
Member

ANNEXURE A
The criteria for a protection visa are set out in s.36 of the Act and Schedule 2 to the Migration Regulations 1994 (the Regulations). An applicant for the visa must meet one of the alternative criteria in s.36(2)(a), (aa), (b), or (c). That is, he or she is either a person in respect of whom Australia has protection obligations under the ‘refugee’ criterion, or on other ‘complementary protection’ grounds, or is a member of the same family unit as such a person and that person holds a protection visa of the same class.
Section 36(2)(a) provides that a criterion for a protection visa is that the applicant for the visa is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the person is a refugee.
A person is a refugee if, in the case of a person who has a nationality, they are outside the country of their nationality and, owing to a well-founded fear of persecution, are unable or unwilling to avail themselves of the protection of that country: s.5H(1)(a). In the case of a person without a nationality, they are a refugee if they are outside the country of their former habitual residence and, owing to a well-founded fear of persecution, are unable or unwilling to return to that country: s.5H(1)(b).
Under s.5J(1), a person has a well-founded fear of persecution if they fear being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, there is a real chance they would be persecuted for one or more of those reasons, and the real chance of persecution relates to all areas of the relevant country. Additional requirements relating to a ‘well-founded fear of persecution’ and circumstances in which a person will be taken not to have such a fear are set out in ss.5J(2)-(6) and ss.5K-LA, which are extracted in the attachment to this decision.
If a person is found not to meet the refugee criterion in s.36(2)(a), he or she may nevertheless meet the criteria for the grant of the visa if he or she is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to a receiving country, there is a real risk that he or she will suffer significant harm: s.36(2)(aa) (‘the complementary protection criterion’). The meaning of significant harm, and the circumstances in which a person will be taken not to face a real risk of significant harm, are set out in ss.36(2A) and (2B), which are extracted in the attachment to this decision.
Mandatory considerations
In accordance with Ministerial Direction No.84, made under s.499 of the Act, the Tribunal has taken account of the ‘Refugee Law Guidelines’ and ‘Complementary Protection Guidelines’ prepared by the Department of Home Affairs, and country information assessments prepared by the Department of Foreign Affairs and Trade expressly for protection status determination purposes, to the extent that they are relevant to the decision under consideration.
ATTACHMENT - Extract from Migration Act 1958
5 (1) Interpretation
…
cruel or inhuman treatment or punishment means an act or omission by which:
(a)     severe pain or suffering, whether physical or mental, is intentionally inflicted on a person; or
(b)     pain or suffering, whether physical or mental, is intentionally inflicted on a person so long as, in all the circumstances, the act or omission could reasonably be regarded as cruel or inhuman in nature;
but does not include an act or omission:
(c)     that is not inconsistent with Article 7 of the Covenant; or
(d)     arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
…
degrading treatment or punishment means an act or omission that causes, and is intended to cause, extreme humiliation which is unreasonable, but does not include an act or omission:
(a)     that is not inconsistent with Article 7 of the Covenant; or
(b)     that causes, and is intended to cause, extreme humiliation arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
…
torture means an act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person:
(a)     for the purpose of obtaining from the person or from a third person information or a confession; or
(b)     for the purpose of punishing the person for an act which that person or a third person has committed or is suspected of having committed; or
(c)     for the purpose of intimidating or coercing the person or a third person; or
(d)     for a purpose related to a purpose mentioned in paragraph (a), (b) or (c); or
(e)     for any reason based on discrimination that is inconsistent with the Articles of the Covenant;
but does not include an act or omission arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
…
receiving country, in relation to a non-citizen, means:
(a)     a country of which the non-citizen is a national, to be determined solely by reference to the law of the relevant country; or
(b)     if the non-citizen has no country of nationality—a country of his or her former habitual residence, regardless of whether it would be possible to return the non-citizen to the country.
…
5H    Meaning of refugee
(1)For the purposes of the application of this Act and the regulations to a particular person in Australia, the person is a refugee if the person is:
(a)     in a case where the person has a nationality – is outside the country of his or her nationality and, owing to a well-founded fear of persecution, is unable or unwilling to avail himself or herself of the protection of that country; or
(b)     in a case where the person does not have a nationality – is outside the country of his or her former habitual residence and owing to a well-founded fear of persecution, is unable or unwilling to return to it.
Note:     For the meaning of well-founded fear of persecution, see section 5J.
…
5J     Meaning of well-founded fear of persecution
(1)For the purposes of the application of this Act and the regulations to a particular person, the person has a well-founded fear of persecution if:
(a)     the person fears being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion; and
(b)     there is a real chance that, if the person returned to the receiving country, the person would be persecuted for one or more of the reasons mentioned in paragraph (a); and
(c)     the real chance of persecution relates to all areas of a receiving country.
Note:     For membership of a particular social group, see sections 5K and 5L.
(2)A person does not have a well-founded fear of persecution if effective protection measures are available to the person in a receiving country.
Note:     For effective protection measures, see section 5LA.
(3)A person does not have a well-founded fear of persecution if the person could take reasonable steps to modify his or her behaviour so as to avoid a real chance of persecution in a receiving country, other than a modification that would:
(a)     conflict with a characteristic that is fundamental to the person’s identity or conscience; or
(b)     conceal an innate or immutable characteristic of the person; or
(c)     without limiting paragraph (a) or (b), require the person to do any of the following:
(i)alter his or her religious beliefs, including by renouncing a religious conversion, or conceal his or her true religious beliefs, or cease to be involved in the practice of his or her faith;
(ii)conceal his or her true race, ethnicity, nationality or country of origin;
(iii)alter his or her political beliefs or conceal his or her true political beliefs;
(iv)conceal a physical, psychological or intellectual disability;
(v)enter into or remain in a marriage to which that person is opposed, or accept the forced marriage of a child;
(vi)alter his or her sexual orientation or gender identity or conceal his or her true sexual orientation, gender identity or intersex status.
(4)If a person fears persecution for one or more of the reasons mentioned in paragraph (1)(a):
(a)     that reason must be the essential and significant reason, or those reasons must be the essential and significant reasons, for the persecution; and
(b)     the persecution must involve serious harm to the person; and
(c)     the persecution must involve systematic and discriminatory conduct.
(5)Without limiting what is serious harm for the purposes of paragraph (4)(b), the following are instances of serious harm for the purposes of that paragraph:
(a)     a threat to the person’s life or liberty;
(b)     significant physical harassment of the person;
(c)     significant physical ill‑treatment of the person;
(d)     significant economic hardship that threatens the person’s capacity to subsist;
(e)     denial of access to basic services, where the denial threatens the person’s capacity to subsist;
(f)     denial of capacity to earn a livelihood of any kind, where the denial threatens the person’s capacity to subsist.
(6)In determining whether the person has a well‑founded fear of persecution for one or more of the reasons mentioned in paragraph (1)(a), any conduct engaged in by the person in Australia is to be disregarded unless the person satisfies the Minister that the person engaged in the conduct otherwise than for the purpose of strengthening the person’s claim to be a refugee.
5K    Membership of a particular social group consisting of family
For the purposes of the application of this Act and the regulations to a particular person (the first person), in determining whether the first person has a well‑founded fear of persecution for the reason of membership of a particular social group that consists of the first person’s family:
(a)     disregard any fear of persecution, or any persecution, that any other member or former member (whether alive or dead) of the family has ever experienced, where the reason for the fear or persecution is not a reason mentioned in paragraph 5J(1)(a); and
(b)     disregard any fear of persecution, or any persecution, that:
(i)the first person has ever experienced; or
(ii)any other member or former member (whether alive or dead) of the family has ever experienced;
where it is reasonable to conclude that the fear or persecution would not exist if it were assumed that the fear or persecution mentioned in paragraph (a) had never existed.
Note:     Section 5G may be relevant for determining family relationships for the purposes of this section.
5L    Membership of a particular social group other than family
For the purposes of the application of this Act and the regulations to a particular person, the person is to be treated as a member of a particular social group (other than the person’s family) if:
(a)     a characteristic is shared by each member of the group; and
(b)     the person shares, or is perceived as sharing, the characteristic; and
(c)     any of the following apply:
(i)the characteristic is an innate or immutable characteristic;
(ii)the characteristic is so fundamental to a member’s identity or conscience, the member should not be forced to renounce it;
(iii)the characteristic distinguishes the group from society; and
(d)     the characteristic is not a fear of persecution.
5LA Effective protection measures
(1)For the purposes of the application of this Act and the regulations to a particular person, effective protection measures are available to the person in a receiving country if:
(a)     protection against persecution could be provided to the person by:
(i)the relevant State; or
(ii)a party or organisation, including an international organisation, that controls the relevant State or a substantial part of the territory of the relevant State; and
(b)     the relevant State, party or organisation mentioned in paragraph (a) is willing and able to offer such protection.
(2)A relevant State, party or organisation mentioned in paragraph (1)(a) is taken to be able to offer protection against persecution to a person if:
(a)     the person can access the protection; and
(b)     the protection is durable; and
(c)     in the case of protection provided by the relevant State—the protection consists of an appropriate criminal law, a reasonably effective police force and an impartial judicial system.
…
36     Protection visas – criteria provided for by this Act
…
(2)A criterion for a protection visa is that the applicant for the visa is:
(a)     a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the person is a refugee; or
(aa) a non-citizen in Australia (other than a non-citizen mentioned in paragraph (a)) in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of the non-citizen being removed from Australia to a receiving country, there is a real risk that the non-citizen will suffer significant harm; or
(b)     a non-citizen in Australia who is a member of the same family unit as a non-citizen who:
(i)is mentioned in paragraph (a); and
(ii)holds a protection visa of the same class as that applied for by the applicant; or
(c)     a non-citizen in Australia who is a member of the same family unit as a non-citizen who:
(i)is mentioned in paragraph (aa); and
(ii)holds a protection visa of the same class as that applied for by the applicant.
(2A)A non‑citizen will suffer significant harm if:
(a)     the non‑citizen will be arbitrarily deprived of his or her life; or
(b)     the death penalty will be carried out on the non‑citizen; or
(c)     the non‑citizen will be subjected to torture; or
(d)     the non‑citizen will be subjected to cruel or inhuman treatment or punishment; or
(e)     the non‑citizen will be subjected to degrading treatment or punishment.
(2B)However, there is taken not to be a real risk that a non‑citizen will suffer significant harm in a country if the Minister is satisfied that:
(a)     it would be reasonable for the non‑citizen to relocate to an area of the country where there would not be a real risk that the non‑citizen will suffer significant harm; or
(b)     the non‑citizen could obtain, from an authority of the country, protection such that there would not be a real risk that the non‑citizen will suffer significant harm; or
(c)     the real risk is one faced by the population of the country generally and is not faced by the non‑citizen personally.
…

[2020] AATA 5170

6 November 2020

Key Legal Topics

Areas of Law

Immigration

Statutory Interpretation

Legal Concepts

Judicial Review

Jurisdiction

Procedural Fairness

Statutory Construction