1713077 (Refugee)

The applicant, who claims to be a lesbian facing persecution in Morocco, sought a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa, either as a refugee or on complementary protection grounds. The decision was made by the Tribunal.

The Tribunal was required to determine if there was sufficient information to be satisfied that the applicant was entitled to protection in Australia as a refugee, or alternatively, on complementary protection grounds. This involved assessing whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to Morocco.

The Tribunal reasoned that the onus was on the applicant to provide sufficient particulars and evidence to establish their claim, and that a decision-maker was not obliged to construct the case for the applicant. Despite the applicant's claim of being a lesbian facing persecution in Morocco, she had not come forward to discuss her claims with the Tribunal, despite being given a genuine opportunity to do so. Without further information from the applicant, the Tribunal was not satisfied that she had a well-founded fear of persecution or that there were substantial grounds for believing she would suffer significant harm upon removal from Australia.

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