1710134 (Refugee)

The applicant, a citizen of Lebanon and a committed Jehovah's Witness, sought review of a decision to refuse him a protection visa. He claimed that in Lebanon, Jehovah's Witnesses are not officially recognised, forcing them to congregate in secret and face risks of detention. The applicant further asserted that they are denied legal status and protection afforded to other religions, including formal recognition of marriages and death certificates, and that authorities do not provide effective protection against threats from hostile individuals or groups, particularly from growing Islamic militancy and Maronite clergy. He contended that these circumstances, coupled with escalating hostility and lack of police protection, necessitate self-imposed restrictions on their faith, rendering effective adherence impossible.

The court was required to determine whether the applicant had a well-founded fear of persecution for reasons of religion, and whether Australia had protection obligations towards him. Specifically, the court needed to assess if the treatment faced by Jehovah's Witnesses in Lebanon amounted to torture, cruel, inhuman, or degrading treatment or punishment, or if effective protection measures were available to the applicant in Lebanon. The court also considered whether the applicant could take reasonable steps to modify his behaviour to avoid a real chance of persecution without compromising fundamental aspects of his identity or conscience.

The court affirmed the delegate's decision not to grant the applicant a protection visa. It found that while Jehovah's Witnesses in Lebanon face discrimination and lack formal recognition, the evidence did not establish that the restrictions imposed on them, or the treatment they might face, rose to the level of torture, cruel, inhuman, or degrading treatment or punishment as defined by the Migration Act 1958. The court noted that the applicant had completed a degree and his father was employed, and that authorities showed reasonable treatment towards Jehovah's Witnesses. Crucially, the court concluded that effective protection measures were available to the applicant in Lebanon, and that the self-imposed restrictions were not so severe as to prevent him from adhering to his faith. Therefore, the applicant did not satisfy the criteria for a protection visa.