1719232 (Refugee)

This matter concerns an application for review by an Egyptian national, who identifies as a Coptic Orthodox Christian, against the refusal of her protection visa application. The applicant arrived in Australia in 2011 and subsequently applied for a protection visa, which was refused by the Department. The applicant's claims for protection were based on her religion and gender, including allegations of pressure to accept an interfaith marriage, an attempted sexual assault by a taxi driver, and a general risk of gender-based violence in Egypt.

The Tribunal was required to determine whether Australia owed protection obligations to the applicant under section 36(2)(a) (refugee criterion) and/or section 36(2)(aa) (complementary protection criterion) of the Act. This involved assessing the credibility of the applicant's claims and considering whether she faced a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia to Egypt, taking into account relevant country information and guidelines.

The Tribunal found the applicant's claim of being a Coptic Orthodox Christian to be credible, based on her passport, written claims, and verbal responses. However, the Tribunal noted that the onus remained on the applicant to establish all statutory elements of her claim and provide sufficient evidence. While acknowledging the applicant's stated fear, the Tribunal emphasised that mere assertion of fear does not establish its genuineness or the existence of a real risk of significant harm. The Tribunal also considered country information indicating that Egyptian women generally face societal discrimination and a high risk of gender-based violence.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. This decision indicates that while the applicant's identity and religious affiliation were accepted, further assessment was required to determine if the specific circumstances presented met the threshold for protection obligations under Australian law.