1713811 (Refugee)

This matter concerned applications for Protection visas made by three applicants from the Philippines. The applicants claimed they feared persecution and harassment upon return to the Philippines due to their adherence to the Pentecostal Christian faith, which they stated was condemned by their local community. They also expressed a lack of confidence in the Philippine authorities to protect them and indicated they had no viable relocation options. The case came before the Tribunal for review of a decision not to grant the Protection visas.

The primary legal issue before the Tribunal was whether the applicants met the criteria for a Protection visa under section 36(2) of the Act. This involved assessing whether they had established a well-founded fear of persecution for reasons of their religion, and whether they could be protected by the authorities in the Philippines, or if relocation was a viable alternative. The Tribunal also considered the criteria under subsections 36(2)(b) and (c) concerning family members who held or were eligible for Protection visas.

The Tribunal considered the applicants' claims in light of the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information assessments. It noted that the first applicant did not satisfy the criteria under section 36(2)(a) or (aa). Consequently, the Tribunal found that the other applicants, who relied on their relationship to the first applicant, could not satisfy the criteria under section 36(2)(b) or (c). The Tribunal concluded that the applicants, as a whole, did not satisfy the requirements of section 36(2) of the Act.

The Tribunal affirmed the decision not to grant the applicants Protection visas.