1727960 (Refugee)

This matter concerned an application for a protection visa by a male applicant from Iraq. The applicant claimed to fear persecution upon return to Iraq due to his association with two individuals, Mr. A and Mr. B, who had been targeted by the Badr Organisation militia. The applicant alleged that his friendship with Mr. A, who later joined the Iraqi police force, and his brief meeting with Mr. B, Mr. A's supervisor, had led to him being linked to Mr. A by the Badr Organisation, which had taken control of the Ministry of the Interior. The applicant further claimed that his family had received a threatening letter containing a bullet after Mr. B was killed, and that he could not relocate within Iraq as he would be identifiable. The Administrative Appeals Tribunal was required to determine whether there was a real chance the applicant would be persecuted in Iraq or, failing that, a real risk of suffering significant harm.

The Tribunal considered the applicant's claims in light of the relevant legislative provisions, including sections 36(2)(a) and 36(2)(aa) of the Migration Act 1958, which define the criteria for a protection visa based on being a refugee or facing a real risk of significant harm. The Tribunal also took into account Ministerial Direction No. 84 and associated guidelines and country information. The applicant's narrative detailed his background, his friendship with Mr. A, Mr. A's employment with the police, the subsequent killing of Mr. B, and the threatening letter received by his family. The applicant asserted that these events, combined with his association with Mr. A and Mr. B, placed him at risk from the Badr Organisation.

Ultimately, the Tribunal concluded that the applicant had not established a real chance of persecution or a real risk of significant harm. The decision was affirmed on the basis that the evidence did not support the applicant's claims to the required standard. The Tribunal found credibility concerns and inconsistencies in the applicant's account, leading to the conclusion that there was no real chance the applicant would suffer significant harm from the Badr Organisation upon return to Iraq. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.