1710050 (Refugee)

This matter concerned an application for a protection visa by a Colombian national. The applicant claimed to fear persecution due to his refusal to join the Revolutionary Armed Forces of Colombia (FARC), which led to threats, kidnapping, and subsequent fear of revenge attacks by paramilitary groups. The applicant argued that he could not return to Colombia due to these threats and the general instability caused by armed groups.

The court was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing significant harm as a necessary and foreseeable consequence of removal from Australia. This involved assessing whether the applicant had a well-founded fear of persecution for reasons of political opinion, or a real risk of suffering significant harm, and whether effective protection measures were available in Colombia.

The Tribunal affirmed the decision not to grant the visa. It found that the applicant did not satisfy the criterion of being a refugee under section 36(2)(a). Furthermore, while acknowledging the applicant's history of threats and fear, the Tribunal concluded that the applicant had not demonstrated a real risk of significant harm as a necessary and foreseeable consequence of removal to Colombia under section 36(2)(aa). The Tribunal considered the possibility of relocation within Colombia and the general risk faced by the population, finding that these factors did not establish the necessary threshold for protection.