1717267 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse to grant the applicant, an Egyptian citizen, a Protection visa. The applicant claimed he feared persecution in Egypt due to his Coptic Orthodox Christian religion, alleging he had been subjected to abuse and assault by his employer and members of the Muslim Brotherhood. He also claimed a former friend, who had become a fanatical member of the Muslim Brotherhood, had incited others to harm him. The applicant had previously had visitor visa applications refused and had sought review of the delegate's decision by the Refugee Review Tribunal (RRT). Following a remittal by the Federal Circuit Court, the matter was before the Administrative Appeals Tribunal (AAT).

The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for a Protection visa under section 36 of the *Migration Act 1958*. Specifically, the Tribunal had to assess whether the applicant was a non-citizen in Australia in respect of whom Australia had protection obligations under the 1951 Convention relating to the Status of Refugees, as defined by Article 1A(2) of the Convention, or under the complementary protection criterion in section 36(2)(aa). This involved evaluating the applicant's claims of persecution for reasons of religion and assessing the credibility of his evidence.

The Tribunal considered the applicant's claims in light of the evidence provided and the relevant legal principles, including the requirement for an applicant to satisfy the Tribunal that all statutory elements are made out. The Tribunal found that the applicant's evidence was evasive, inconsistent, and vague, and that his claims appeared to have been embellished and fabricated. Consequently, the Tribunal concluded that the applicant was not a credible or truthful witness. The Tribunal affirmed the decision not to grant the applicant a Protection visa.