1718712 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of an Iraqi national seeking a protection visa. The applicant claimed to fear persecution in Iraq due to his outspoken opposition to militia groups, his refusal to join them, and a past bomb attack on his home. The AAT was required to determine whether the applicant had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, and if not, whether there were substantial grounds for believing he would suffer significant harm as a consequence of removal to Iraq. The Tribunal also had to consider whether effective protection measures were available to the applicant in Iraq and whether relocation within Iraq would be a reasonable alternative.

The Tribunal found that the applicant had a well-founded fear of persecution. It accepted that the applicant had openly expressed anti-militia views and had been targeted by Shia militia groups, including Asaaib Ahl Alhaq (AAH) and Jaysh Al-Mahdi, due to his objections and refusal to be recruited. The Tribunal accepted that these groups believed the applicant held anti-militia political opinions, actual or imputed, and that he and his family had received threats, including a bomb attack on his home. The Tribunal also considered extensive country information regarding the increased influence and activities of Shia militias in Iraq, their involvement in human rights abuses, and the general lack of effective state protection.

Based on the applicant's history of being targeted by militia groups, the nature of those groups, and the prevailing security situation in Iraq, the Tribunal concluded that the applicant faced a real chance of serious harm from Shia militia elements if he returned to Baghdad. The Tribunal was satisfied that this harm would be a result of systematic and discriminatory conduct, with the essential and significant reason being the applicant's political opinion or his membership in a particular social group of those who actively oppose militia activity and refuse recruitment. Furthermore, the Tribunal found that relocation within Iraq was not a reasonable prospect for the applicant, and that effective protection measures were not available. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958.