1721096 (Refugee)

The applicant mother and applicant son sought review of a decision to refuse their Protection visa applications. The dispute concerned whether Australia had protection obligations towards them, primarily based on claims of persecution in Jordan and the applicant son's health conditions. The matter was heard by Mr S Norman, a member of the Tribunal.

The legal issues before the Tribunal were whether the applicants met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) as refugees, or under section 36(2)(aa) as persons facing a real risk of significant harm as a necessary and foreseeable consequence of removal to Jordan. This involved assessing the credibility of their claims, the potential for persecution or harm in Jordan, and the availability of effective protection measures.

The Tribunal considered various evidence, including medical reports detailing the applicant son's health conditions and psychological state, and country information. It also addressed a confidential "dob-in" report suggesting the applicant son had worked illegally in Australia and had a good relationship with his step-brother in Jordan, which contradicted the applicants' claims. While the Tribunal acknowledged the report's potential relevance, it ultimately decided not to place any weight on it due to an inability to test the source and a lack of knowledge regarding the motivation behind the report. Despite considering the applicants' submissions and evidence, the Tribunal concluded that they did not satisfy the criteria for a protection visa under either section 36(2)(a) or 36(2)(aa).

Consequently, the Tribunal affirmed the decision not to grant the applicants protection visas.