1804030 (Refugee)

This case concerned an application for a protection visa by a female citizen of Iraq. The applicant claimed to fear persecution due to her religion as an Assyrian Christian, her political opinion as a women's rights activist, and her membership in a particular social group, specifically an educated, independent Christian woman from an Assyrian Christian family who refused to abide by Islamic codes regarding women. The applicant also alleged she had been subjected to threats and a physical assault, including a failed kidnap attempt. The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or under section 36(2)(aa) as a person facing significant harm.

The Tribunal considered the applicant's claims in light of extensive country information regarding the situation for religious minorities and women in Iraq, as well as the applicant's personal history and evidence. The Tribunal accepted that Iraq was the applicant's receiving country and that she did not have third-country protection. However, after reviewing the evidence, including the applicant's political activities, her family's situation in Erbil, and the circumstances surrounding the alleged threats and assault, the Tribunal was not satisfied that the applicant faced a real chance of suffering serious or significant harm in Erbil for reasons of her religion, political opinion, or membership in a particular social group. The Tribunal also found issues with the applicant's credibility regarding the alleged threats and the kidnap attempt, noting a lack of corroborating evidence and inconsistencies in her account.

The Tribunal's reasoning focused on the specific circumstances in Erbil, where the applicant resided, and concluded that while general discrimination against minorities and women existed in Iraq, it did not translate to a real risk of harm for the applicant personally in her home region. The Tribunal found that the applicant's political activities were low-profile, her family remained in Erbil without apparent fear, and the alleged physical attack was likely an opportunistic crime rather than targeted persecution. Furthermore, the Tribunal noted that the applicant had opportunities to seek protection in other countries or through alternative visa pathways but chose not to, which impacted its assessment of her claimed fear.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that she did not satisfy the refugee criterion under section 36(2)(a) or the complementary protection criterion under section 36(2)(aa) of the *Migration Act 1958*.