1711298 (Refugee)

The applicant, an Alawite Muslim from Lebanon, sought review of a decision to refuse his Partner (Subclass 801) visa. The dispute centred on his claims of fearing persecution if returned to Lebanon due to his religious affiliation and the ongoing conflict in his home region of Jabal Mohsen, Tripoli. The applicant also raised concerns about his family's well-being, including his son's serious medical conditions and the lack of adequate accommodation for his family in Lebanon.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether he was a refugee within the meaning of section 36(2)(a) of the *Migration Act 1958* (Cth) or, alternatively, whether Australia had protection obligations under section 36(2)(aa) due to a real risk of significant harm as a necessary and foreseeable consequence of his removal. This involved assessing the applicant's claims of a well-founded fear of persecution for reasons of religion and his general claims of danger in Lebanon, considering the available country information regarding the security situation in Tripoli.

The court considered the applicant's evidence, including his oral testimony and documentary submissions, alongside country information from the Department of Foreign Affairs and Trade. While acknowledging the applicant's Alawite Muslim faith and his past residence in Jabal Mohsen, the court found that the country information did not support a conclusion that he would be targeted and shot if he returned to Lebanon. The court noted that since 2015, the security situation in the area had been relatively stable, with a significant reduction in serious communal violence. Furthermore, recent reports indicated no recent instances of Alawites being targeted. Consequently, the court was not satisfied that the applicant faced a real risk of persecution or significant harm.

The Tribunal affirmed the decision not to grant the applicant a protection visa. However, it recommended that the matter be referred for ministerial intervention under section 417 of the *Migration Act 1958* (Cth), suggesting that the Minister might intervene to allow the applicant to remain in Australia, likely due to the strong compassionate circumstances presented, including the children's best interests and the applicant's genuine relationship with his Australian citizen wife.