1724850 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Immigration and Border Protection's decision to refuse to grant protection visas to a Libyan family. The first applicant, a Libyan citizen, arrived in Australia in 2011 and applied for a protection visa in March 2016, with his wife and five children as secondary applicants. The applicants claimed they feared harm upon return to Libya due to the first applicant's perceived liberal views, his daughters' education, his past receipt of a scholarship funded by the Gaddafi regime, and his perceived association with Western culture.

The legal issues before the Tribunal were whether the applicants had established a well-founded fear of persecution for a Convention reason, or a real chance of suffering significant harm for reasons that engaged complementary protection. Specifically, the Tribunal was required to determine if the applicants would face harm due to an imputed political opinion (as a Gaddafi supporter), or for reasons related to their religion or liberal views, and whether the general situation in Libya posed a risk of significant harm.

The Tribunal considered extensive country information regarding the instability and insecurity in Libya post-revolution, including the ineffectiveness of authorities and the prevalence of militias. It also reviewed the applicants' claims that they would be viewed as Gaddafi supporters due to the scholarship, and as liberal individuals for allowing their daughters to pursue education and engage in Westernised activities. The Tribunal noted that the onus remained on the applicants to satisfy the statutory elements of their claim, and that mere assertion of fear was insufficient without supporting evidence. The Tribunal ultimately remitted the decision for reconsideration.