1812821 (Refugee)

The Federal Circuit Court considered an application for a protection visa by a citizen of Jordan. The applicant claimed he was a practising Christian who had been forced to convert to Islam, marry a Muslim woman against his will, and was now considered an apostate, placing him in grave danger. He also sought protection for his wife and son, who were included as co-applicants.

The court was required to determine whether the applicant had a well-founded fear of persecution for reasons of religion, as defined by the Refugees Convention and relevant Australian legislation. This involved assessing the credibility of his claims regarding past harm, including forced conversion, marriage, and threats, and evaluating the risk of future harm should he be returned to Jordan, considering the potential for systematic and discriminatory conduct and whether such harm would constitute "serious harm" as defined by the Act.

The court found that the applicant's claims contained internal inconsistencies and implausibilities, particularly noting that he had returned to his home area in Jordan between 2008 and 2014 without suffering harm. Despite these credibility concerns regarding past events, the court acknowledged the significant governmental and societal discrimination faced by Christians in Jordan, the potential loss of civil rights, and the implications for his ability to live openly as a Christian and raise his child as such. Ultimately, the court concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the matter for reconsideration with directions that the first named applicant satisfies section 36(2)(a) of the Migration Act, and that the other applicants satisfy section 36(2)(b)(i) of the Migration Act on the basis of their membership of the same family unit as the first named applicant.