1711412 (Refugee)

This matter concerned an appeal against a decision to affirm the refusal of protection visas to the applicants. The applicants claimed they faced a risk of serious harm from the Revolutionary Armed Forces of Colombia (FARC) due to their refusal to cooperate with criminal demands. The Tribunal was required to determine whether the applicants were entitled to Australia's protection as refugees or on complementary protection grounds.

The central legal issues before the Tribunal were whether the applicants met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) as refugees, or alternatively, under section 36(2)(aa) on complementary protection grounds. This involved assessing whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Colombia, the applicants faced a real risk of suffering significant harm. The Tribunal also considered relevant policy guidelines and country information.

The Tribunal affirmed the decision to refuse the protection visas. This conclusion was based on findings of inconsistent evidence and credibility concerns regarding the applicants' claims. Specifically, the Tribunal noted discrepancies in the applicant's employment history and the timing of his alleged contact with FARC. The Tribunal found that the evidence did not establish a well-founded fear of persecution or a real risk of significant harm upon return to Colombia, and that the applicants did not satisfy the criteria for a protection visa.