1709349 (Refugee)

The applicant, a citizen of Lebanon and a Jehovah's Witness, sought review of a decision to refuse her protection visa. She claimed to fear returning to Lebanon due to persecution based on her religion, citing incidents of verbal abuse, threats, intimidation, and physical assault while engaged in religious proselytising. She also alleged that Lebanese authorities offered no effective protection and that Jehovah's Witnesses were not officially recognised, forcing them to adopt significant self-imposed restrictions on their religious practices.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether she had a well-founded fear of persecution for reasons of religion under section 5J of the Migration Act 1958. This involved assessing whether any claimed persecution would constitute serious harm, whether such persecution was systematic and discriminatory, and crucially, whether effective protection measures were available to her in Lebanon. The court also had to consider whether the applicant could reasonably modify her behaviour to avoid persecution without compromising fundamental aspects of her identity or conscience.

The court affirmed the delegate's decision, finding that the applicant did not satisfy the criteria for a protection visa. While acknowledging the applicant's claims of past incidents and societal discrimination, the court concluded that she had not demonstrated a well-founded fear of persecution. The reasoning focused on the availability of effective protection measures in Lebanon, noting that the applicant had travelled to other countries and voluntarily returned to Lebanon, suggesting a lack of immediate danger. Furthermore, the court implicitly found that the applicant could reasonably modify her behaviour to avoid any potential risk, as the level of societal discrimination and harassment, and the official discrimination, did not rise to the threshold of persecution that would warrant protection under the Act. The applicant did not satisfy any of the criteria in section 36(2) of the Migration Act 1958.