1806569 (Refugee)

The Administrative Appeals Tribunal considered the protection visa applications of Mr. A and his family. Mr. A claimed he feared harm upon return to Libya due to his past support for Muammar Gaddafi and his active membership in the Revolutionary Committee. He also claimed a fear of harm from extremists who might consider him a disbeliever.

The Tribunal was required to determine whether Mr. A met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which involves having a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Additionally, the Tribunal had to consider whether Mr. A's children, as members of the same family unit, met the criteria under section 36(2)(b)(i) of the Act, contingent on Mr. A's application being successful.

The Tribunal considered evidence that Mr. A was a supporter of the Gaddafi government and an active member of the Revolutionary Committee, which he stated was necessary to advance his studies and career, including obtaining a scholarship. A witness corroborated Mr. A's past involvement with the old regime and stated that committee members faced persecution after the regime's fall, recounting an attempted kidnapping of Mr. A. The Tribunal also had regard to the 'Refugee Law Guidelines' and 'Complementary Protection Guidelines'.

The Tribunal remitted the matter for reconsideration with directions that Mr. A satisfies section 36(2)(a) of the Migration Act, and that his children satisfy section 36(2)(b)(i) on the basis of their membership in the same family unit as Mr. A.