1813142 (Refugee)

The applicant sought a protection visa, claiming he feared persecution in Iraq due to his religion as a Chaldean Christian and his family's business, which sold alcohol. The applicant alleged he and his family had faced threats and violence from Muslim extremists, including an attack on his family home and an attempted forced sale of their business. He contended that the authorities in the Kurdistan Region of Iraq were unable or unwilling to provide effective protection.

The court 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), specifically whether he was a refugee owing to a well-founded fear of persecution for reasons of religion or membership of a particular social group. This involved assessing whether there was a real chance of persecution, whether such persecution would involve serious harm, and whether effective protection was available in the Kurdistan Region of Iraq. The court also considered whether the applicant's fear was based on his religion or his family's business activities, which were perceived by extremists as promoting immorality.

The court found that the applicant had established a well-founded fear of persecution. It reasoned that the threats and violence directed at the applicant and his family, stemming from their religious identity and their business selling alcohol, were indicative of persecution for reasons of religion and membership of a particular social group. The court was not satisfied that the authorities in the Kurdistan Region of Iraq could provide effective protection, noting the release of individuals who had attacked the applicant and the threats made against his family. Consequently, the court was satisfied that Australia had protection obligations towards the applicant under section 36(2)(a) of the *Migration Act*. The decision under review was remitted for reconsideration with a direction that the applicant satisfies section 36(2)(a).