1721007 (Refugee)

This matter concerned an application for a protection visa by a Sudanese national. The applicant claimed to fear returning to Sudan due to her Christian religion and threats from the Muslim Brotherhood, stemming from her son's proselytising activities. She also raised concerns about the limitations of the Sudanese health system in managing her extensive medical conditions, including ongoing post-traumatic stress disorder. The case was before the Refugee Review Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), or alternatively, whether she would suffer significant harm as a necessary and foreseeable consequence of being removed from Australia, pursuant to section 36(2)(aa) of the Act. This required the Tribunal to assess the credibility of her claims regarding persecution based on religion and the real risk of harm from the Muslim Brotherhood, as well as the adequacy of healthcare in Sudan for her medical needs.

The Tribunal considered evidence provided to the Department and before it, as well as independent country information. While acknowledging the applicant was a committed Christian, the Tribunal was not satisfied that she was involved in proselytising, had been attacked for this reason, or that there were continued threats against her or her family, finding her claims in this regard to be vague. The Tribunal also noted that the applicant's son had previously been granted a visitor visa through ministerial intervention, with concerns raised about his credibility. The Tribunal affirmed the decision under review.