1707034 (Refugee)

The applicant sought a protection visa, claiming a well-founded fear of persecution in Egypt due to their religion as Coptic Christians. The applicant alleged harassment and assault by the Muslim Brotherhood, and presented evidence of significant mental and physical health conditions, arguing that effective protection measures were unavailable in Egypt. The matter came before the Tribunal for reconsideration of the protection visa application.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), specifically whether they were a refugee owing to a well-founded fear of persecution for reasons of religion. This required the Tribunal to assess whether the applicant feared persecution for a Convention reason, whether there was a real chance of such persecution if returned to Egypt, and whether effective protection measures were available to the applicant in Egypt.

The Tribunal considered various forms of evidence, including the applicant's visa applications, statutory declarations from the applicant and their sons, country information regarding Egypt, and a specialist geriatrician's report detailing the applicant's health conditions. The Tribunal was satisfied that the applicants were persons in respect of whom Australia had protection obligations under section 36(2)(a) of the *Migration Act*.

The Tribunal remitted the matter for reconsideration with the direction that the applicants satisfy section 36(2)(a) of the *Migration Act*.