1802191 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Immigration and Border Protection's decision to refuse the applicant a Protection visa. The applicant, an Egyptian national, had lodged his application in March 2014. A delegate refused the application in November 2014, which was affirmed by the first Tribunal in August 2016. The Federal Circuit Court subsequently remitted the matter to the Tribunal for reconsideration in December 2017.

The primary legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically religion, should he be returned to Egypt. The applicant claimed to be a non-committed believer of Sunni Islam, considering himself a "true Muslim" who only followed the Quran and rejected the Hadith and other Islamic texts. He asserted that this stance was perceived as contrary to Sunni Islam in Egypt, leading to fears of harm from his family, community, and authorities, who he believed would force him to practice Sunni Islam or kill him.

The Tribunal's reasoning focused on significant inconsistencies and credibility concerns within the applicant's evidence. While the applicant claimed to be a "totally non-committed believer of Sunni Islam" and a "true Muslim" following only the Quran, his supporting documents from his cousin and friend indicated that he did not share their beliefs and that his parents did not accept his views. The Tribunal noted that the applicant's narrative contained numerous arguments with family, friends, and neighbours, and that his parents had sought medical help for him, suggesting a lack of genuine belief or a significant departure from societal norms that was not adequately substantiated as a basis for a well-founded fear of persecution. The Tribunal ultimately found that the applicant did not satisfy the criteria for a Protection visa.