1708133 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse protection visas to two applicants, citizens of the Philippines. The primary applicant claimed to have been a political activist in the Philippines, involved with the Kilusang Magbubukid ng Pilipinas (KMP) party, which supported indigenous people and farmers. He alleged that as a result of this involvement, he suffered harassment, imprisonment, and torture by the police and military. He also expressed fear of returning to the Philippines due to the current political climate, including alleged judicial killings and the government's stance on drug-related violence, and the risk of harm to his family.

The legal issues before the court were whether the applicants met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). Specifically, the court had to determine if the primary applicant had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, as defined by sections 5H and 5J of the Act, or if there were substantial grounds to believe that, as a necessary and foreseeable consequence of removal, they would suffer significant harm under the complementary protection criterion in section 36(2)(aa).

The court affirmed the delegate's decision, finding that the applicants did not satisfy the criteria for a protection visa. The reasoning indicated that the Tribunal was not satisfied that Australia had protection obligations towards the applicants. This implies that the court concluded the applicants had not established a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, nor had they demonstrated a real risk of significant harm upon return to the Philippines, as required by the relevant sections of the *Migration Act*. Consequently, the applicants were unable to meet the criteria for the grant of a protection visa.