1711051 (Refugee)

The applicant, a man from Cairo, Egypt, sought review of a decision not to grant him a Protection visa. The applicant claimed to fear persecution in Egypt due to his conversion from Islam to Christianity, alleging threats from his family and the risk of being targeted by the community and authorities. He also cited concerns about adopting Western behaviours and the potential consequences of returning to Egypt, particularly in light of his separation from his Australian citizen child.

The core legal issue before the Tribunal was whether the applicant met the criteria for a Protection visa under section 36(2) of the Migration Act 1958 (Cth). This required the Tribunal to assess the credibility of the applicant's claims of persecution, considering his stated fear of being killed or facing the death penalty for apostasy, and the threats he alleged he had received from his family. The Tribunal was also required to consider relevant country information and guidelines concerning refugee law and complementary protection.

The Tribunal considered the applicant's evidence, including his statement detailing his background, his family's devout Muslim beliefs, his questioning of Islam, his relationships with Christian individuals and communities in Australia, and the alleged threats from his brother. However, the Tribunal found that the applicant did not satisfy the criteria under section 36(2) of the Act. The decision noted that there was no suggestion the applicant satisfied the criteria based on being part of the same family unit as a person who held a Protection visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Protection visa.