1719111 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Immigration and Border Protection's decision to refuse protection visas to three Libyan applicants. The primary applicant, a male Libyan citizen, had applied for the visa in April 2016, with his wife and daughter as secondary applicants. The applicants claimed they faced a real risk of serious harm upon return to Libya due to their actual or perceived political opinions, including support for General Khalifa Haftar and the Libyan National Army, opposition to the Government of National Accord, past association with the Gaddafi regime, opposition to Islamist militias, and perceived religious views contrary to Islamist ideologies. They also claimed membership in particular social groups, such as former Gaddafi scholarship recipients and educated professionals who had lived abroad. The review was heard by the Tribunal.

The Tribunal was required to determine whether the applicants had established a well-founded fear of persecution for a Convention reason, or alternatively, whether they met the criteria for complementary protection. Specifically, the court needed to assess the credibility of the applicants' claims regarding their political opinions and their membership in particular social groups, and whether these, if established, would place them at risk of serious harm in Libya. The Tribunal also had to consider the general security situation in Libya and the risks associated with returning to the country, particularly transit from any point of entry to Tripoli.

The Tribunal considered extensive country information and the applicants' submissions, including statutory declarations and academic and employment documents. It found that the applicants' claims regarding their political opinions and their association with certain groups, including former Gaddafi loyalists and supporters of the LNA, were credible. The Tribunal also accepted that the applicants, as educated professionals with progressive views and support for women's rights, would be perceived negatively by Islamist groups operating in Libya. The Tribunal concluded that the applicants faced a real risk of serious harm upon return to Libya, not only due to their political opinions but also as members of particular social groups, and that the general situation in Libya meant that transit from any point of entry to Tripoli carried a significant risk.

Consequently, the Tribunal set aside the delegate's decision and remitted the matter to the delegate for reconsideration and decision according to law.