1728542 (Refugee)

The applicant sought a protection visa, claiming a well-founded fear of persecution and significant harm if returned to Lebanon due to threats from a militia group known as "Hisab Nassrallah." The applicant alleged past experiences of kidnapping, detention, beating, and witnessing a friend being shot and tortured, as well as receiving threats indicating he was still being sought. The applicant also claimed that Lebanese authorities were unable or unwilling to provide protection. The Administrative Appeals Tribunal (the Tribunal) considered these claims in light of the relevant provisions of the *Migration Act 1958* (Cth) and associated guidelines.

The central legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Act, by having a well-founded fear of persecution, or under section 36(2)(aa), by facing a real risk of significant harm as a necessary and foreseeable consequence of removal to Lebanon. This involved assessing the credibility of the applicant's claims, considering the available country information, and determining if effective protection measures were available in Lebanon.

The Tribunal's reasoning focused on the applicant's claims and the evidence presented. It noted that the applicant had not expressed fear in a previous visitor visa review hearing and found his claims to be vague and inconsistent. The Tribunal also considered the applicant's assertion that he did not attempt to relocate within Lebanon for safety, which, in conjunction with the lack of credible evidence of ongoing threats or inability to access protection, led to the conclusion that the applicant did not satisfy the criteria for a protection visa. The Tribunal affirmed the decision not to grant the applicant a protection visa.