1711125 (Refugee)

The applicant, a former member of the Jordanian Armed Forces, sought a protection visa in Australia. The dispute arose from the applicant's claim that he was sentenced to three years imprisonment in absentia by the Jordanian Military Court for desertion, following his resignation from the army. The applicant contended that this sentence created a well-founded fear of persecution and significant harm if he were returned to Jordan. The decision under review was made by the Refugee Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under the Migration Act 1958 (Cth). This involved determining if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Jordan, he would suffer significant harm. The Tribunal was also required to consider the applicant's credibility, the consistency of his evidence, and the availability of documentary proof of his military service.

The Tribunal found that the applicant's evidence regarding his military service and the circumstances of his alleged conviction lacked credibility and sufficient substantiation. Specifically, there was little documentary evidence to support his claims of military service, and his account of his resignation and subsequent sentencing was inconsistent. The Tribunal noted that the applicant had not satisfied the criteria for being a refugee under s.36(2)(a) of the Act, nor had he established a claim for complementary protection under s.36(2)(aa) by demonstrating a real risk of significant harm upon removal to Jordan. The Tribunal also considered that the applicant did not satisfy the criterion in s.36(2) by being a member 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.