1813550 (Refugee)

[2021] AATA 5174

1813550 (Refugee) [2021] AATA 5174 (2 November 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

CASE NUMBER:  1813550

COUNTRY OF REFERENCE:                   Lebanon

MEMBER:Melissa McAdam

DATE:2 November 2021

PLACE OF DECISION:  Sydney

DECISION:The Tribunal remits the matter for reconsideration with the direction that the applicant satisfies s.36(2)(a) of the Migration Act.

Statement made on 02 November 2021 at 3:56pm

CATCHWORDS
REFUGEE – protection visa – Lebanon – Federal Circuit Court remittal – member of particular social group – divorced woman with little economic or social support – husband’s abuse after second (concurrent) marriage, divorce and attempted reconciliation, and continuing expectations – parents living in different area and siblings in other countries – generally clear and consistent evidence – country information – general political, economic and social conditions, and women’s rights – effective state protection not available – decision under review remitted

LEGISLATION
Migration Act 1958 (Cth), ss 5(1), 36(2)(a), (aa), 65, 91R, 91S, 424AA
Migration Regulations 1994 (Cth), Schedule 2

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependants.

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Border Protection to refuse to grant the applicant a Protection visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant who claims to be a citizen of Lebanon, applied for the visa on 25 November 2013 and the delegate refused to grant the visa on 23 February 2015.

3. The review was previously constituted[1] to another member of the Tribunal who affirmed the department’s decision. The applicant appealed the previous Tribunal decision in the Federal Circuit Court.[2] The Court remitted the matter by consent for the Tribunal failing to comply with obligations under s.424AA of the Migration Act 1958.

   [1] AAT Case Number 1503224.

   [2] Court File Number [deleted]

   RELEVANT LAW

4. The criteria for a protection visa are set out in s.36 of the Act and Schedule 2 to the Migration Regulations 1994 (the Regulations). An applicant for the visa must meet one of the alternative criteria in s.36(2)(a), (aa), (b), or (c). That is, the applicant is either a person in respect of whom Australia has protection obligations under the ‘refugee’ criterion, or on other ‘complementary protection’ grounds, or is a member of the same family unit as such a person and that person holds a protection visa of the same class.

   Refugee criterion

5. Section 36(2)(a) provides that a criterion for a protection visa is that the applicant for the visa is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations under the 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol relating to the Status of Refugees (together, the Refugees Convention, or the Convention).

6. Australia is a party to the Refugees Convention and generally speaking, has protection obligations in respect of people who are refugees as defined in Article 1 of the Convention. Article 1A(2) relevantly defines a refugee as any person who:

   owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it.

7. Sections 91R and 91S of the Act qualify some aspects of Article 1A(2) for the purposes of the application of the Act and the Regulations to a particular person.

8. There are four key elements to the Convention definition. First, an applicant must be outside his or her country.

9. Second, an applicant must fear persecution. Under s.91R(1) of the Act persecution must involve ‘serious harm’ to the applicant (s.91R(1)(b)), and systematic and discriminatory conduct (s.91R(1)(c)). Examples of ‘serious harm’ are set out in s.91R(2) of the Act. The High Court has explained that persecution may be directed against a person as an individual or as a member of a group. The persecution must have an official quality, in the sense that it is official, or officially tolerated or uncontrollable by the authorities of the country of nationality. However, the threat of harm need not be the product of government policy; it may be enough that the government has failed or is unable to protect the applicant from persecution.

10. Further, persecution implies an element of motivation on the part of those who persecute for the infliction of harm. People are persecuted for something perceived about them or attributed to them by their persecutors.

11. Third, the persecution which the applicant fears must be for one or more of the reasons enumerated in the Convention definition - race, religion, nationality, membership of a particular social group or political opinion. The phrase ‘for reasons of’ serves to identify the motivation for the infliction of the persecution. The persecution feared need not be solely attributable to a Convention reason. However, persecution for multiple motivations will not satisfy the relevant test unless a Convention reason or reasons constitute at least the essential and significant motivation for the persecution feared: s.91R(1)(a) of the Act.

12. Fourth, an applicant’s fear of persecution for a Convention reason must be a ‘well-founded’ fear. This adds an objective requirement to the requirement that an applicant must in fact hold such a fear. A person has a ‘well-founded fear’ of persecution under the Convention if they have genuine fear founded upon a ‘real chance’ of being persecuted for a Convention stipulated reason. A ‘real chance’ is one that is not remote or insubstantial or a far-fetched possibility. A person can have a well-founded fear of persecution even though the possibility of the persecution occurring is well below 50 per cent.

13. In addition, an applicant must be unable, or unwilling because of his or her fear, to avail himself or herself of the protection of his or her country or countries of nationality or, if stateless, unable, or unwilling because of his or her fear, to return to his or her country of former habitual residence. The expression ‘the protection of that country’ in the second limb of Article 1A(2) is concerned with external or diplomatic protection extended to citizens abroad. Internal protection is nevertheless relevant to the first limb of the definition, in particular to whether a fear is well-founded and whether the conduct giving rise to the fear is persecution.

14. Whether an applicant is a person in respect of whom Australia has protection obligations is to be assessed upon the facts as they exist when the decision is made and requires a consideration of the matter in relation to the reasonably foreseeable future.

    Complementary protection criterion

15. If a person is found not to meet the refugee criterion in s.36(2)(a), he or she may nevertheless meet the criteria for the grant of a protection visa if he or she is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of the applicant being removed from Australia to a receiving country, there is a real risk that he or she will suffer significant harm: s.36(2)(aa) (‘the complementary protection criterion’).

16. ‘Significant harm’ for these purposes is exhaustively defined in s.36(2A): s.5(1). A person will suffer significant harm if he or she will be arbitrarily deprived of their life; or the death penalty will be carried out on the person; or the person will be subjected to torture; or to cruel or inhuman treatment or punishment; or to degrading treatment or punishment. ‘Cruel or inhuman treatment or punishment’, ‘degrading treatment or punishment’, and ‘torture’, are further defined in s.5(1) of the Act.

17. There are certain circumstances in which there is taken not to be a real risk that an applicant will suffer significant harm in a country. These arise where it would be reasonable for the applicant to relocate to an area of the country where there would not be a real risk that the applicant will suffer significant harm; where the applicant could obtain, from an authority of the country, protection such that there would not be a real risk that the applicant will suffer significant harm; or where the real risk is one faced by the population of the country generally and is not faced by the applicant personally: s.36(2B) of the Act.

    Mandatory considerations

18. In accordance with Ministerial Direction No.84, made under s.499 of the Act, the Tribunal has taken account of the ‘Refugee Law Guidelines’ and ‘Complementary Protection Guidelines’ prepared by the Department of Home Affairs, and country information assessments prepared by the Department of Foreign Affairs and Trade expressly for protection status determination purposes, to the extent that they are relevant to the decision under consideration.

    SUMMARY OF CLAIMS AND EVIDENCE

    Protection visa application

19. The following is a summary of the claims and information the applicant provided in her Protection visa application:

    a.She was born in [Year] in Beirut.  She submitted a copy of her Lebanese passport.

    b.She is divorced. Her two daughters are in Australia, one is an Australian citizen and the other is an Australian Permanent Resident. Her son is an Australian citizen but resides in Lebanon.

    c.She arrived in Australia [in] June 2013.

    d.She lived in [Suburb], Beirut, with her minor son for many years.

    e.When she came to Australia the intention was to be a genuine visit and to attend her daughter's wedding.  But her circumstances completely changed beyond her control so she had no choice but to lodge the Protection visa application.  This was after the terrible bomb blast on 19 November 2013 in Beirut which affected her well being and the well being of her Australian son.

    f.She experienced harm in Lebanon for many years but was never affected by the disruption and war until now.  The bomb blast affected her son's uncle who is very attached to her son.  The blast totally damaged his business and this is the place where her son used to spend a lot of time with his uncle as well as with his school friends in the damaged area.

    g.The department will have information as to what happened previously on 15 August 2013 in her area.  Then on 19 October over 20 people were killed and over 200 injured plus damage to buildings.  This makes her very scared to go back as now the area where she lived does not allow her to go back to as she fears for her safety and the safety of her Australian son. 

    h.Her son is suffering a lot and does not want to return with her to Lebanon and does not wish her to return to Lebanon.  She was assisted by his father and now the father cannot assist anymore after the injury of his brother.  If she returns to Lebanon on her own she will suffer serious harm.

    i.She and her son will both be at risk in Lebanon because of the double bomb blast which took place in their area and could happen again.

    j.She got married at [age] and had her first daughter at [age] years of age. At [age], her husband married another lady because of the law in Lebanon that he can marry more than one at the same time.  She already had 2 daughters at this time and this was the hardest thing that has happened to her. How can the love of her life marry another lady.  But things got even worse.  She became a victim of a confused marriage where her husband would come over to her house only when he was angry about other stuff in his life and take all his anger out on her.  

    k.After her son was born life became harder as her husband wouldn't even pay for child support. Her son grew up with domestic violence in the house where he felt deprived of a dad, of money and his two sisters.

    l.Her daughters are in Sydney. One works and is married with a child. The other studies at University.

    m.The applicant lived in Lebanon with her son.  Due to the unfortunate circumstances inside the house where his dad would not ask about him for months sometimes or just give financial support to his daughters he became jealous and depressed. He felt like her 2 daughters were better than him that they live in Sydney and he doesn’t. He is [Age] years old and her full responsibility but a [Age] year old with a broken family and 2 sisters living away was even harder on a [Age] year old already going through complicated teenage years. His depression took him to even try to commit suicide at one stage and she had to take him to a psychologist. Now that he's been in Sydney she has never seen him as happy and relaxed as he has been. He has been going to school here and he brings an excellent merit nearly everyday.

    n.Civil war has escalated in Lebanon and bombings took place in August in Dahieh Beirut where the applicant’s friends live.  Her parents who lived with her have run away to the south of Lebanon due to the fear.  The south is not safer but her certificate and her son's certificate says that they were born in Beirut so it would be complicated to live in the south for political reasons.  How can she take herself and her son to a war zone and leave her two daughters here.

    o.On the other hand they have been growing up with the mentality that there has been no difference in ethnicity or religion or sect and being in Lebanon it is scary due to these differences. Days ago they found a bomb just next door to her flat in Beirut.

    p.Her daughter supports her because her daughter’s dad doesn't give the applicant money.  The applicant can also help her daughter take care of her son so she can go back to work full time. But when the applicant is away her daughter goes through depression due to no one next to her.

    q.The overseas situation has obviously gotten worse each day as it comes with Iran getting involved and America and other countries.

    r.Her marriage life has shattered into pieces so all she is left with in the world is her children.  She dreams to live, love, laugh and eat with them in a safe environment.

    s.She will be harmed by her husband if [her son] does not return with her to Lebanon. Her son previously suffered in Lebanon and she has a medical report to confirm his suffering.  Now after the bomb blasts in her area and the injury to her brother in law and the destruction of his business she will be badly affected and will have no income to support herself and no family support.  Her life will be at risk because the area she lives in Beirut is not safe.  She has been divorced from her son’s father since he was born.  She cannot guarantee that she can lead a life of dignity in Lebanon. Now her 3 children are in Australia and they continue to support her.  She is needed to give emotional, physical and psychologically support to her son.

    t.If she returns to Lebanon without her son his father will take revenge on her.  If she goes back with her son she is putting both their lives at risk because of the current situation.

    u.The authorities in her country cannot protect her even though Hezbollah is very dominant in her area. Al Qaida Sunni terrorists were able to cause the damage and kill many people, an act which all the media called a terrorist act. The future indicates that further terrorist attacks will take place and she cannot relocate to another safer area.

20. She submitted copies of the following documents with her visa application:

    -Her son’s Australian passport.

    -Newspaper articles about a bombing in Beirut.

    -School reports regarding her son’s results and behaviour.

    -A doctor’s letter in Arabic.

    Departmental Interview, 24/03/2014

21. The following is a summary of the claims and information the applicant provided in her Department Interview:

    a.The applicant’s husband divorced her when he learned she was pregnant in [year]. After this her daughters supported her.  The delegate put to the applicant that her daughters would have been very young at the time.  The applicant responded her sisters helped her out a bit.  Her daughters were students and would send a little money.  No one else sent her money.  Her parents are elderly.  Her sisters looked after them.  The applicant brought them to stay with her for a time

    b.She lived in her house in Beirut. It was an old rental so it was like she owned it.  She just had to pay $200.  It was in [Suburb] in Beirut city [centre].

    c.The delegate asked the applicant to provide a translation of the doctor’s report. It states her son suffers from a condition of having very high anxiety so that he is very aggressive to himself and others, and a sleep disorder. He misses being loved and cared for. So he has to stay amongst his family to reduce his suffering, especially he should stay with his mother.  The doctor has had many sessions with her son. His family play a big part in his treatment.

    d.If she returns to Lebanon her ex-husband may hurt her. The situation and explosions in the country also make her fearful.  Her ex-husband has caused her a lot of pain especially since she gave birth to [her son].  He has taken her house and thrown out her possession.  He has a house in [another location] but took the applicant’s house.  He and his wife are now residing in it.  So the applicant no longer has a house.

    e.Her husband is an Australian citizen.  He sometimes comes to Australia.  His current wife is [Ms A].

    f.Her husband mistreats her because she became pregnant with her son.  He had told his other wife he had divorced the applicant.  He lied to the applicant and did not tell her he had another wife. When she became pregnant it became a scandal that he had another wife. He hit her on her stomach when she was pregnant.

    g.Men can have more than one wife in Islam but they have to be fair to both wives and he was not fair with the applicant. The applicant went to see a clergyman but the clergyman insulted her.

    h.She continued to live in the marital home because of the children.  The applicant’s relatives are located in the south in [Town].  The applicant’s parents are living there.  Her [sisters] and [brothers] all live overseas. None live in Australia.

    i.The police will not protect her in Lebanon.

    j.After 1999 her husband would only come to insult, scream and break things. He would come to get angry and then go back to his wife.

    k.Her status record is in Beirut so she is too scared to go to the south.  The other sect is fighting her sect.  The Salafists sometimes close the border to Sidon. They burn car tyres.  She visited her parents in the south when things were calm.  The applicant asked them to come live with her because the roads became safe. This was about 3 years ago.

    l.When religious people see a divorced woman they follow and harass her and try to do a contract for pleasure.  This happened to her in Beirut.

    m.Her parents went to the south after the applicant came to Australia for her daughter’s wedding. The explosions happened so they did not feel safe.    The applicant contacts her parents by phone.  They are not living in fear.  They live in a Shia area.  They live by themselves. They have extended family there, her father’s sister.  Her parents are supported by the applicant’s siblings and aunt.  The applicant cannot live with them because her papers are based in Beirut, everyone looks at you and checks your ID.  Her son’s father will cause her problems if she takes her son to live in the south.  He did not object to the applicant bringing their son to Australia.

    n.The explosion at the Iranian embassy damaged her son’s uncle’s shop and injured the uncle. The whole shop was destroyed. It was [near] the embassy. It was a [product] shop.  The uncle is still receiving treatment for his injuries. 

    o.Mohammad Chatah passed away in the explosions.  A friend of her son’s was also killed.  He was Sunni.  A bomb was recently found behind her son’s school and he has become quite scared about going back to Beirut.

    p.Her husband will take revenge on her if her son does not go back to Lebanon.  Her husband has been to the south.  His siblings tell her this.

    q.Her husband has put pressure on her family to take revenge on her.  He wants to cause her grief because he married someone else.

    r.She last spoke to her husband a long time ago.  She has not spoken to him since she came to Australia.  She spoke to him before she came to Australia because he knew she was about to travel.  Her husband also came to Australia for their daughter’s wedding.  He is not in Australia anymore.  She did not speak to him.

    s.She has not told her parents about the problems between her and her husband because she does not want them to worry.  If she goes to them he will come and cause problems.

    t.He did not say anything to the applicant about returning to Lebanon.  He only speaks to their daughters, not to the applicant. The applicant has nothing to do with him.

    u.He hit her when she was pregnant. He has hit her at other times, when he went and married someone else, and afterwards he would come to the house and scream and break things. He would try to hit her but she ran away from him.  She stayed at her neighbours until he left.  He stopped giving them money. The applicant went to see the Sheikh about him. 

    v.The uncle needs surgery on his leg which needs a lot of money so her husband says he won’t help the applicant and her daughters.  He was giving some support.  Since she and her son came to Australia her husband has said the son is now his sisters’ responsibility.  Her son is doing very well at school in Australia and is happy. They had never seen him like that in Lebanon. 

    w.The applicant has no money to rent a house in Lebanon.  Too many questions will be asked of her if she tries to go to the south.

    x.Her daughter, [Ms B], gave evidence that her father was aggressive to all of them. He would break glass and once he threw a chair at her and she had broken ribs and spent two weeks in hospital.

    y.Her other daughter, [Ms C], stated that everything is linked to religion and men assume they can treat women in a very bad way, but they can’t.  She was with the applicant when she went to see the Sheikh and he insulted the applicant and told her to get out.

1. The applicant also submitted further media articles about bombings and attacks in Lebanon.

   Delegate’s Decision

2. The Delegate accepted the applicant is a Shia Muslim. She accepted the applicant's home region in Lebanon is Beirut. She accepted as credible the claims that sectarian based violence occurred in Lebanon as outlined by the applicant. She accepted as credible the claim that the applicant's son's psychological well-being has improved since arriving in Australia and that his mental health may deteriorate should his mother be forced to return to Lebanon.

3. The Delegate did not accept as credible the claims of violence and threats of harm to the applicant by her ex-husband as well as the claim of a lack of interest and support from him towards the applicant and their son.

4. The Delegate considered the totality of the applicant's claims and circumstances but found that the applicant does not face a real chance of serious harm for a Refugees Convention reason if she returns to Lebanon in the reasonably foreseeable future. For the same reasons the Delegate was also satisfied that there is not a real risk the applicant would suffer significant harm as a necessary and foreseeable consequence of her removal from Australia to Lebanon.

   Information to the Tribunal, previously constituted

   Tribunal Hearing, 22 September 2016

5. The applicant appeared before the Tribunal as previously constituted on 22 September 2016 to give evidence and present arguments. The following is a summary of the information provided by the applicant at the hearing, based upon an audio recording of the hearing:

   a.The applicant came here and then there was an explosion in Lebanon.  She was afraid for her son going back to Lebanon.  He is Australian and she wants to make sure he is well protected.

   b.Her husband married another woman. Since then her suffering started. If she returns to Lebanon she will face ill-treatment and be in a miserable condition because he took the house which was common property, and threw her property outside.  He came to Australia last March.

   c.She had a piece of land which belonged to her. She came to know that her husband sold it and took the money.  She has nowhere to go in Lebanon.

   d.She fears harm from her husband.  When she got pregnant she was still married.  He kicked her to get her to abort the baby.  During her whole pregnancy she was on her knees.

   e.Because he has sold the house she will be homeless. He has threatened her.  He may hit her. He will do this because he has a life with another woman and to his mind the applicant is valueless.  She has no one to protect her or to accommodate her or to welcome her.  Her husband has siblings who are a threat to her too.

   f.She married her husband in 1982 or 1983. They had two daughters.  She became pregnant with their son in [year]. When their second daughter was [age] years old they divorced and he married another woman.  She cannot remember when they divorced.  She is seeing a psychologist.  She divorced in [year] after she gave birth to her son.  Her husband went and put a divorce paper in the court because he did not want his second wife to know.  He married the other woman in about 2000. 

   g.In 2013 in Australia her husband approached her in a not straightforward way to say he would like to get back with her. Her husband had divorced his other wife by 2013.  The applicant and her husband did get back together again but there were troubles again and they got divorced again in 2015.  The applicant accepted because she wanted her family back together again.  Then she came to know he wanted to go back to his other wife, and the troubles escalated so they separated again.

   h.She lived with her husband in Lebanon until [year].  After 1999 her son was [age] when her husband divorced her.  She continued to live in the same house, owned by his family.  She had no other place to live.  She lived there until she came to Australia in 2013.  In the house his mother also lived.  His sisters would visit.

   i.She and her husband had problems because he wanted to take the children away from her.  He would come to the house because his mother was there.  Whenever he came it meant troubles.  She was very scared because at age two the father can take the child.  He treated her worse than a servant.  He verbally abused her in front of her sisters. He brought his dirty clothes for her to clean.  He was physically violent.  She got back with him anyway in 2013 because she thought she could get her rights while he was here in Australia. She could get back her things which were taken from her.

   j.Her house was in Beirut.  Her husband’s parents owned it.  The applicant did not work in Lebanon.  She was supported by her children.  Her husband provided very little money, maybe $70 a month.  He would give it to his mother who prepared and cooked the food for the house. 

   k.Her husband would be physically violent because he just wanted to please his wife to show that the applicant does not have value.  When she became pregnant his matters were disclosed and came to the attention of his second wife.  He had a daughter from the second wife.  He married the second wife in about 1995, or maybe 1991.  The applicant’s daughter will remember better.

   l.The applicant’s parents are in Lebanon. They previously lived in Beirut. They have a home in the south, in [City].  She has not lived with them.  Her husband’s sisters live nearby.  If the applicant tries to live there there will be trouble again.  When she came here she realised she didn’t deserve the miserable life she had in Lebanon.  His sisters will make her life miserable because they align with their brother to support the second wife. They live in the same area as the applicant’s parents.  Previously they put her in many troubles.  They did nasty and ugly things to kick her out of the house.  They told her they would take the children and she had to get out.  She has not mentioned this before because no one asked about it.

   m.She feels highly stressed.

6. The following is a summary of the information provided by the applicant’s daughter at the previous hearing, based upon an audio recording of the hearing:

   a.Her mother has three children.  The witness came to Australia to study radiation therapy.

   b.Her mother is a very naïve and soft woman. When a woman marries in Lebanon the man tells her to do things and the woman does it.

   c.Her father left the applicant.  He remarried and wanted the applicant to live with his second wife which was humiliating. He did a lot of emotional abuse. He was physically abusive when the applicant became pregnant.

   d.When her mother came to Australia she understood how life could be and how she could live as a human being and not be emotionally abused all the time. Her brother now lives in Australia and will not go back to live in Lebanon so the applicant will have to return without her son who gave her some solace while they lived in Lebanon.

   e.One of her brother’s friend was killed by a bomb. So you ask do you leave things to chance.  Her husband will not let go to Lebanon with the kids.

   f.Her mother has nowhere to go and no one in Lebanon.  She had a bit of land there she wanted to give to her children but the land is now gone.  Her mother will probably harm herself if she goes back to Lebanon.  Her mother has nothing in Lebanon.

   g.Her dad took all the applicant’s stuff out of the house when her mother came to Australia.  Then he came here for a holiday. They said to him we’ve got nothing there, what happened to the land. He just said oh I’ll sold it.  Her mother asked how do you sell anything that you don’t own.  Her mother paid for the property.  When she marries it is her husband’s by law.  Over there the land is divided between different people. 

7. The applicant gave the following further information at the previous hearing:

   a.The Tribunal put the following information to the applicant from her Visitor visa application in October 2011.

   b.The Tribunal put to the applicant that she had said she had separated from her husband but would talk on the phone with him in Australia, he would send money to her, and she would cash his monthly retirement pension of $612 per month. The applicant responded that he sends the money to [his brother].  He forced her to say that to the embassy in Beirut because he was trying to persuade her to come to Australia to reunite.

   c.The Tribunal put to the applicant that she had said her husband was good to her and loved her and lived with her in her house.  The applicant responded that her husband instructed her to say this so the family could get back together.

   d.The Tribunal put to the applicant that in June 2010 in a discussion with the Australian Embassy, she had come to the counter looking for a partner migration booklet.  She said that her husband lived with her and also with his other wife, that they all lived together.  The applicant responded that her husband instructed her to say this. She was happy to be reunited with her children.  She also wanted to get back what he took from her.

   e.The Tribunal put to the applicant that during her department interview she said her parents lived with her, that they had lived in the south but the roads were bad so they asked to live with the applicant.  The applicant responded that her dad and mum came to Beirut and stayed with her.  Her dad had a car accident and had a brain injury.  When she came to Australia they went back to the south.

   f.The Tribunal put to the applicant that during her department interview she said her house was an old rental and she paid $200 for it. The applicant responded that in the beginning they paid their friend on a monthly basis. It was $200 a year.

   g.The applicant stated that her husband will want to harm her because if she asks for a place or her property back she will be in big trouble with him again.  She has not spoken to her husband when he is in Australia except to ask him about her land.  He said okay you come to Lebanon and see what will happen to you. This was in last March.

   Information to the Tribunal, currently constituted

   Tribunal Hearing

8. The applicant appeared before the Tribunal, as currently constituted, on 7 October 2021 to give evidence and present arguments. The Tribunal also received evidence from the applicant’s daughter, [Ms B]. The Tribunal hearing was conducted with the assistance of an interpreter in the Arabic and English languages.

9. The following is a summary of the information provided by the applicant at the hearing:

   a.The applicant confirmed that all the information in her visa application is correct.

   b.She lives in Sydney with her daughter, son and her daughter’s husband and children.  She has [grandchildren]. In 2017 the applicant went with her children to [Country 1] for a holiday because her nerves were bad.

   c.She was born in Beirut.  She married when she was [age] years old.

   d.She did not have paid employment in Lebanon because her husband did not allow her to work or continue with her studies.  She wanted to continue her studies because she was very keen to work as a teacher and to obtain a master’s degree.

   e.In Australia she enrolled in TAFE to improve her English but this has stopped because of the COVID-19 pandemic.  If she can study to improve her English she would then like to work in [work sector].  She cannot do this in Lebanon.  She will be on her own and have nowhere to stay because her former husband has taken her home.

   f.The situation in Lebanon is very bad after the explosion.  People have been displaced and there are no jobs.  The Lebanon pound has dropped dramatically in value.  There is no petrol. There will be nobody there who can help the applicant or financially support her. She is divorced so she cannot live freely there like she can in Australia.

   g.Divorced women in Lebanon have no value or worth.  Nothing is considered acceptable from them.  The applicant will be looked upon as a bad woman and could be assaulted.  People have no mercy for a divorced woman. 

   h.Only her parents are living in Lebanon. Their home is in the south.  Her parents are elderly and living by themselves. The applicant cannot go to them.  As a divorced woman in that community everyone will look upon her as not good.  She won’t be accepted.  Hezbollah control the south and they are religiously very strict.  She will not be able to go outside without wearing a head veil.  She took off her hijab when she arrived in Australia.  This will not be allowed in southern Lebanon.  Also as a divorced woman she will be chased and followed.

   i.None of her siblings live in Lebanon. They live in [various countries]. She has [sisters] and [brothers].

   j.The applicant’s religion is Shia Islam.  She identifies as Muslim but most of her friends in Australia are Christians.  She sometimes attend their church. She has Muslim friends here too but most of her friends are Christian.

   k.Since she has arrived in Australia she has felt alive again. Her physical and mental health are now good.  She only feels terrified when she thinks about returning to Lebanon.

   l.When she lived in Lebanon her former husband’s other wife lived in a building nearby.  His siblings lived in the same street.

   m.She legally married her former husband in 1984.  She does not know when he married his other wife.  She does not know if they had a legal or religious marriage.  All of a sudden he came to her and told her he had another wife.  Her name is [Ms A].  The applicant does not know if [Ms A] is still in a relationship with her former husband.

   n.The applicant is not sure how her former husband obtained Australian citizenship.  He married a woman who brought him to Australia.  He did this while he was still married to the applicant. The woman was [Ms A].  She is an Australian citizen but she is living in Beirut.

   o.Her former husband had many girlfriends while they were married. He would bring some of them to their home and cause problems.

   p.The applicant and her former husband legally divorced in Lebanon in 1999. She has a divorce certificate which she will submit to the Tribunal.

   q.She does not know where in Australia her former husband is living and she does not want to know.  She does not know why he is in Australia.  She no longer has any contact with him.  Her son and daughters do not speak with him.  When he calls they do not answer. 

   r.She has experienced physical and psychological domestic violence in Lebanon from her former husband.  Also after they divorced her former husband’s brother would harass her.  He assumed she was no longer a good woman and he could harass her.   He would ask her the size of her breasts and say he wants to buy her bras and underwear.  He would harass her to make people think she is a bad woman and to isolate her.

   s.With her former husband she would have to say yes to everything he wanted even after he married another woman and after their divorce.  He would come to their home when he was in a bad mood and yell and scream and hit her and demand sex.  She would have to agree when she did not want to.  The time she fell pregnant with [her son] it felt like rape.  He would also bring his girlfriends over to her home.  He hit the applicant in front of his mother.  His sisters were also abusive psychologically and bad mouthed the applicant, treating her like a maid.

   t.During her pregnancy her husband beat the applicant and she bled. When she gave birth to [her son], Israel was bombarding Lebanon and she had to drive herself home because her ex-husband was angry at her.  Her ex-husband’s wife would also contact the applicant to try to make her have a miscarriage. She would send the applicant news to say the applicant’s daughter had died at school, and send threats through her brother that she would beat up the applicant.

   u.When she saw her ex-husband in Australia he said if she goes back to Lebanon she will see what will happen to her. She bought some land some time ago, while they were married.  She paid for it but it was in her ex-husband’s name.  He sold it and kept the money.

   v.The applicant’s ex-husband tried to isolate her from the community because he did not want her anymore.  But he also wanted her available to him when he wanted to use her.  If the applicant ever refused or questioned anything he wanted during their relationship it would trigger a violent a reaction in him.  He would often come home agitated and take his aggression out on her.  He wanted the applicant to be a maid to his mother.

   w.The applicant fears that if she was in Lebanon and her ex-husband was there he would try to harm her again.  She also fears his brother would harm her.  Her ex-husband threw all her belongings out of her home.  She now has nowhere to live in Lebanon. She has no employment here. She is afraid of the community because she is divorced.

   x.Her children might be able to assist her a little to live in Lebanon but they cannot pay for everything or be there.  They will not be able to protect her in Lebanon. She wants to stay in Australia to look after her son and continue her education.

10. The following is a summary of the information provided by the applicant’s daughter, [Ms B], at the hearing:

    a.Her mother lived with a lot of emotional abuse and gaslighting in Lebanon. But she taught her children they need to be independent and educated.

    b.In Lebanon her father could marry four women.  This should not be accepted.

    c.Her father would come to her mother when he needed her.  Her mother had to live as though this was okay and she must say yes.  [Ms B] and her siblings no longer speak with her father’s family.

    d.In Lebanon a woman is expected to take care of the house, the children and her in-laws.  She is supposed to protect her marriage and accept all that her husband does and not go against the rules.  If she doesn’t do this she will be shunned and isolated.

    e.Her father’s other wife abused the applicant with prank calls. Once she rang the applicant to say that her daughter, [Ms B], had an accident at school and was dying in hospital so the applicant rushed to the hospital, but it was not true.

    f.Once [Ms B] and her siblings had to go to stay at her father’s home.  [Ms B] did not want to go and her father pulled her. She hung on to the wall and lost her fingernails.

    g.Her mother only started living when she got to Australia.  She has nobody in Lebanon. 

    h.In Lebanon you need connections to get a job and find accommodation. A divorced woman will not be able to do this.  She will be seen as a person who has not held her family together.

    i.Her father would still be a threat to her mother in Lebanon because he would try to contact her there.  Her father would always go back to her mother. He has never moved on from her.  He has a narcissism in that he wants all these women. He had other relationships he would bring home. It was his mentality.  He would try to harm her mother because she doesn’t want any contact with him and he would become threatening.  He will be able to find her there because he knows a lot of people.  Her father views her mother as property and an object.  He considered he owned her.  He didn’t want her to continue study or work so that she did not become independent.  He wanted her to need him.

    j.Her father was physically abusive to her mother a few times that [Ms B] saw, when her mother did not listen to what her father wanted, even just to cook food when he wanted it.  It got really bad when her mother fell pregnant with her brother.  Her father wanted intimacy whenever he wanted despite what her mother wanted.

    k.She has no contact with her father at the moment because she is trying to find peace.

    l.Her mother will be in danger if she goes back to Lebanon from her father and father’s family.  His brother has traumatised her mother.

    m.Her mother is living a better life in Australia and her father’s family are against this.  They do not accept her mother abandoning the relationship.  There is no medicine, petrol, or electricity in Lebanon so they are also jealous of her mother having a better life in Australia. The community in Beirut know her parents and their situation well.

    n.The southern community is taken by Hezbollah.  You can’t go against what they want or how it works there.  The freedoms are taken away.  It is not possible for a woman to remove her scarf.  Her mother would be forced to marry there because it is considered shameful to be divorced.  There are a lot of men in the south who need wives.  Her mother would not be allowed to live as she wants to.  She will suffer emotional abuse and shunning.  Her parents would not be able to support her as they are too old.  The man is the one who does the support.  She would not be allowed to work.  Her mother will be considered an outcast if she does not conform.

    Post Hearing Submission

1. On 12 October 2021 the applicant provided the following written material to the Tribunal:

   -Her Divorce Certificate from the Lebanese Ministry of the Interior, dated [November] 2001.  According to the translation the document is signed only by the applicant’s husband. It als refers to the place and date of divorce as in the Sharia Court in March 1999.

   -Her Divorce Certificate from the Lebanese Ministry of the Interior, dated [December] 2016.  According to the translation the document is again signed only by the applicant’s husband.

   -A letter from [Ms B] listing her mother’s siblings and their countries of residence (all outside Lebanon); and emphasising the problems her mother will have if she returns to Lebanon.

   Country Information

2. DFAT’s most recent ‘Country Information Report’ on Lebanon, published in March 2019, contains the following:

   The Law on Protection of Women and Family Members from Domestic Violence (2014) (‘the Domestic Violence Law’) established important protection measures and related policing and court reforms, including a maximum sentence of ten years in prison for battery. In reviewing the Domestic Violence Law, however, CEDAW noted the absence of explicit reference to gender-based violence against women, crimes committed in the name of so-called honour, and other harmful practices. CEDAW also expressed concern about the continued existence of discriminatory provisions in the Domestic Violence Law with regard to the criminalisation of adultery, and that it did not take precedence over customary and personal status laws.

   A March 2018 HRW report noted that the Domestic Violence Law did not require religious courts to adhere to civil court rulings relating to domestic violence, leaving women trapped in abusive marriages; and that some religious courts issue obedience and cohabitation rulings against women, requiring them to return to the marital home. The report also noted that parts of the Domestic Violence Law are still to be implemented, including establishing family violence units within the ISF and a fund to assist survivors of domestic violence. International observers have reported that the interpretation of the Domestic Violence Law by religious courts has precluded its full implementation in some regions. In November 2018, lawmakers introduced to parliament a draft amendment to the Domestic Violence Law that would extend protection to ex-spouses and children.[3]

   [3] DFAT Country Information Report, Lebanon, 19 March 2019 at 3.55

3. The DFAT report also states that marital rape is not specifically criminalised, although the 2014 domestic violence law does criminalise the use of threats and violence to claim a ‘marital right to intercourse’; they are aware of occasional reports of so-called ‘honour killings’, particularly in rural areas, although it is impossible to say with certainty how frequently these occur or whether they are more prevalent in a particular community; and sexual harassment is a widespread problem in the workplace and wider society.[4]

   [4]DFAT Country Information Report, Lebanon, 19 March 2019 at 3.56 and 3.57

4. DFAT indicates that although Lebanon is secular, issues of personal status such as marriage, divorce, custody of children or inheritance are addressed in religious courts and are based on religious laws.  DFAT also states that “cultural, religious, and traditional expectations and norms undermine a woman’s economic independence and contribute to her financial dependence on her husband.”[5]

   [5] Ibid at 3.21

5. Additionally, DFAT states that despite many advantages and acquired rights, women in Lebanon continue to face discrimination at numerous levels;[6] the weakness of the state is apparent in the areas of civil affairs and personal status, especially relating to ‘women’s civil rights, family matters and gender relations’; that according to the Institute of Women’s Studies in the Arab World, by keeping family matters with the jurisdiction of religious courts, the Constitution detaches itself from its role as a guarantor of equal rights and creates a buffer between the citizen and the state; and that human rights observers have argued that, ‘inspired by religious discourse, the religiously-based legal structure necessarily places women as second-class citizens, treating them as minors in decisions related to governing their own lives’. To exit the country Lebanese citizens need a “passport or [Lebanese Identity Card] LIC…along with a valid visa for the intended destination (if applicable).” Husbands and fathers of unmarried women can instigate travel bans against female dependents easily through a court order (civil or religious) which are rarely overturned. [7]

   [6] Ibid at 3.51

   [7] Ibid at 3.52

6. Overall, in terms of risk women in Lebanon face, DFAT assessed that:

   …women from all confessions face a moderate risk of official discrimination as the lack of a civil code for personal status issues means that they are forced to abide by religious-based codes that discriminate against them. Women also face a moderate risk of societal discrimination in that inadequate legislation, lack of enforcement, and long-standing traditional values and gender roles continue to restrict their full participation in the workforce and community, particularly for women from rural and socially conservative communities.[8]

   [8] Ibid at 3.59

7. Other sources also state that gender-based violence is a pervasive human rights and public health problem in Lebanon; that violence in Lebanon is deeply embedded in social, particularly familial, culture; despite the authorities adopting new laws and policies aimed at protecting women’s rights against violence, major obstacles remain, including legal obstacles such as discriminatory provisions of personal status laws; and stereotypes and gender-based social norms can often prevent women from accessing justice.[9]

   [9] For example, International Commission of Jurists, ‘Gender-based Violence in Lebanon: Inadequate Framework, Ineffective Remedies’, July 2019, US Department of State, 2019 Country Reports on Human Rights Practices: Lebanon, 11 March 2020, 'Social Institutions & Gender Index 2019 - Lebanon', Organisation for Economic Co-operation and Development (OECD), 1 December 2018, 2019; and Human Rights Watch, ‘Unequal and Unprotected, Women’s Rights Under Lebanese Personal Status Laws, 19 January 2015, >

   In a July 2019 report by the International Commission of Jurists the following three main obstacles affecting women’s access to justice for gender-based violence in Lebanon were identified:

   ·Legal obstacles comprise laws that fail to fully criminalise certain violations of women’s rights, mainly due to inadequate or absent definitions of the relevant crimes, such as rape and marital rape, sexual assault and sexual harassment, as well as laws that discriminate against women, including the Criminal Code, the Nationality Law and the Personal Status Laws.

   ·Women’s access to justice is also impeded by obstacles in the administration of justice, such as the lack of effective gender-sensitive investigations, lack of coherent and effective prosecutions and lack of adequate competences and resources, as well as discriminatory policies, practices and gender stereotypes on the part of justice sector actors.

   ·Women also encounter economic, social and cultural barriers, including gender stereotyping, a perception that GBV is a social rather than criminal matter and social stigma and family pressure associated with bringing legal claims, which is worsened at times by victims’ limited awareness of their own rights.[10]

   [10] International Commission of Jurists, ‘Gender-based Violence in Lebanon: Inadequate Framework, Ineffective Remedies’, July 2019, p.3,

8. According to Human Rights Watch’s 2019 annual report, the Domestic Violence Law also failed to criminalise all forms of domestic violence and women still have troubles in pursuing criminal cases against perpetrators.[11] On 29 January 2018, activists protested in Beirut against light sentences and the perceived inaction by police and the judiciary after eight cases of domestic violence related deaths of women in that month alone.[12]

   [11] Human Rights Watch World Report 2019, Human Rights Watch (HRW), 17 January 2019

   [12] 'Country Reports on Human Rights Practices for 2018 - Lebanon', US Department of State, 13 March 2019, Section 6, Discrimination, Societal Abuses, and Trafficking in Persons.

9. During 2018, response by the ISF to complaints by domestic violence victims continued to improve and the training of judicial officials on best practice for vulnerable females, including domestic violence victims has continued through 2018.[13]

   [13] 'Country Reports on Human Rights Practices for 2018 - Lebanon', US Department of State, 13 March 2019, Section 6, Discrimination, Societal Abuses, and Trafficking in Persons

10. Equal rights for women are guaranteed under Lebanon’s Constitution; however, women’s rights are often undermined by conservative personal status laws.[14] While Lebanon’s legal framework around employment is considered progressive, women face significant societal obstacles to gaining employment. According to UN Women, prior to the economic crisis, less than one in three women were in paid employment.[15] A 2020 study by UN Women found that female unemployment in Lebanon has increased by 63 percent between 2019 and 2020.[16]

    [14]  'Social Institutions & Gender Index 2019 - Lebanon', Organisation for Economic Co-operation and Development (OECD), 01 December 2018, p.2.

    [15] Reuters, 'Beirut blast adds to women's money and health worries in Lebanon', 16 September 2020. See also: World Bank Group, 'Women's Economic Participation in Iraq, Jordan and Lebanon', 22 September 2020, p.13

    [16] UN Women, ‘Women on the Verge of an Economic Breakdown: Addressing the differential impacts of the economic crisis on women in Lebanon', September 2020.

11. In conservative sectors of society, men can exercise considerable control over female relatives including restricting their activities outside the home. Sexual harassment remains a widespread problem.  In December 2020 Lebanon passed a new sexual harassment law making sexual harassment a crime and outlined whistle-blower protections. While acknowledging this as an important step, human rights and women’s rights groups have said that the law is too limited in scope.[17]

    [17] Human Rights Watch, ‘Lebanon: Sexual Harassment Law Missing Key Protections', 5 March2021.

12. Sexual and gender based violence has risen significantly during the COVID-19 and economic crises in Lebanon.  Women and girls can experience difficulties in reporting incidents or accessing services during lockdown ‘due to movement restrictions, limited access to communication devices, lack of privacy, or the presence of perpetrators within the same household.’ [18]

    [18] Middle East Monitor, 'In Lebanon, women are being killed in their homes because of the lockdown', 25 May 2020; Reuters, 'Seek help, say Middle East women's groups as domestic violence surges', 8 April 2020; Al Monitor, 'Domestic violence in Lebanon spikes under lockdown', 23 April 2020; Inter Press Service, 'The Ongoing Fight for Gender Parity in Lebanon', 12 March 2021; UNFPA, 'Gender Based Violence Annual Report-2020 Lebanon', 2021; Thomson Reuters Foundation, 'Lebanon hit by spate of murders targeting women as authorities say coronavirus lockdowns have doubled domestic violence cases', 10 February 2021.

13. Crime levels are rising significantly. Prior to the Beirut blast, crime and domestic violence had already risen significantly due to the economic crisis and COVID-19 lockdown.[19] The ISF stated that extortion and sexual harassment crimes had increased by 184 percent during lockdown and murder, robbery and general crime rose significantly in 2020 compared to 2019.[20]

    [19] ACLED, 'A New Season of Unrest in Lebanon', 12 May 2021.

    [20] Daily Star, The (Lebanon), ‘Crime on the rise in crisis-hit Lebanon', 15 July 2020; Asharq Al Awsat, 'Lebanon: Rise in Extortion, Harassment Crimes', 6 May 2020; Middle East Monitor, 'In Lebanon, women are being killed in their homes because of the lockdown', 25 May 2020; Al Monitor, 'Domestic violence in Lebanon spikes under lockdown',  23 April 2020.

14. Regarding divorce, a number of sources refer to the stigmatisation and vulnerability of divorced women in Lebanese society and how they are considered to bring shame to their families.[21]  A 2015 Human Rights Watch report documents the lack of financial security for women who divorce in Lebanon:

    The absence of any religious or civil law in Lebanon valuing women’s non-monetary contributions to the marriage at the time of termination—including household and family care, lost economic opportunity and her contribution to her husbands’ career—contributes to the discrimination against women.

    Further, because Lebanese law does not recognize the legal concept of marital property, property reverts to the spouse in whose name it is registered (typically the husband), regardless of who has made contributions to it. In eight cases, women interviewed by Human Rights Watch said that they were not compensated for their financial contribution to the marital home or other joint expenses when the marriage ended because the property was registered under the husband’s name.[22]

    [21] See e.g. ‘Abused Lebanese women fall victim to legal system’ 2011, Al Arabiya News, 13 August ; ‘Veiled Voices Documentary Review’ 2010, Muslimas Oasis, 16 July ‘Domestic violence remains hidden in shadow of tradition’ 2007, The Daily Star, 18 October Human Rights Watch, 2015, ‘Unequal and Unprotected - Women’s Rights under Lebanese Personal Status Laws’, January 19

A Canadian IRB Research article contains the following:

The United States (US) Department of State also points out that women "sometimes" stayed in abusive marriages because of social, economic, and family pressures. The Jordan Times explains that divorce is thought to bring shame to the family.[23]

[23] Research Directorate, Immigration and Refugee Board of Canada, LEBANON: Domestic violence, including legislation, state protection, and services available to victims (2008-September 2011) [LBN103847.E]

A 2017 report in the Middle East Eye journal refers to families not allowing their daughters to divorce form abusive husbands because of the shame it would cause the family. It also states:

… International Women's Day is a celebration of the achievements of women and their ability to rise up against systemic misogyny. But while many in the Arab world share this sentiment, there is one group who are frequently forgotten and shamed - divorced women. 

Often, when the topic of divorce is discussed in the Arab world, it is the woman who is seen as the source of the breakup. ...All three women said that they were blamed for their divorce. "After I got divorced, I was automatically treated as a failure,” explained Haneen.  "No matter what the back story is, you're to blame, not him. I was shamed for not being able to sustain my marriage and not keeping my mouth shut when I faced abuse.”

… They all agreed that divorced women are on the receiving end of discrimination and marginalisation from their communities; something that their male counterparts are immune from. "Arab culture has made divorced women look like they are half women and that they are the last option for men,” ….[24]

[24] Alghoul D., 2017, 'Divorced and proud': How Arab women beat social stigma and start new life’,  Middle East Eye, 8 March.

A 2019 study on the impact of divorce on Egyptian women also contains the following references to Arab women in general:

Arab women describe the social stigma of being divorced as feeling criminalized, isolated from society, being blamed, being made to feel sinful, and having unequal rights. In addition, divorced women are often seen as bad parents and bad spouses more so than men.

…

Similarly, in the Arab world, despite the increased rate of divorce, it continues to be stigmatized. Arab women are often seen as though they are broken, and yet are ostracized out of fear of their seduction. These social ramifications often leave women enduring dysfunctional and abusive marriages in order to avoid this social discrimination and humiliation. In a study that explores the challenges of divorce among Saudi women, women describe feeling excluded and not belonging to society, being blamed for the failure of their marriage, being seen as sinful and criminal-like, and dealing with inequity in a male-dominated society. Due to the social stigma women face, some prefer to avoid revealing their marital status. Divorce has been described as being “traumatic” for women due to financial challenges and decreased social status. Arab women are also often seen as threatening the stability of other marriages, and are sexually objectified. Moreover, women often experience conflict with their families post-divorce. This conflict comes in the form of familial imposed restrictions and control, as well as the continued blame for the dissolution of the marriage. Such social consequences faced by women hinder their post-divorce adjustment.[25]

[25] Behavioural Science. 2020, 10(1), 14; J E Mendoza, M Tolba, Y Saleh, ‘Strengthening Marriages in Egypt: Impact of Divorce on Women’,

A 2018 news article reports upon a suicide attempt by a former child bride in Lebanon after her husband divorced her. Following the divorce she returned to the home of her parents’ who banned her from going out or returning to school, blaming her for her failed marriage and claiming the divorce brought shame upon the family. She subsequently attempted to commit suicide by jumping off her parent's roof.[26]

[26] Khalaf R, 1018, ‘Child bride attempts to commit suicide in Lebanon’, 18 December

CONSIDERATION OF CLAIMS AND EVIDENCE

The applicant submitted her Lebanese passport. On the basis of this document and the applicant’s oral evidence the Tribunal is satisfied she is a citizen of Lebanon. The Tribunal assesses the applicant’s claims against Lebanon as her country of nationality and receiving country.

The applicant claims to fear harm from her ex-husband and his family and to face discrimination and not be able to survive in Lebanon as a divorced woman with nowhere to live, no employment, and no available support or protection.  She also fears she will not be able to refuse to wear the hijab as she can in Australia.

Credibility

The applicant has given largely consistent evidence over the course of her application that she experienced physical abuse, sustained emotional abuse and sustained controlling behaviour from her ex-husband in Lebanon.  She provided her account of her experiences in Lebanon in a simple, clear and straightforward manner.  The applicant’s descriptions also accord with the available country information which shows the prevalence of domestic violence and restrictions upon married women.

At times the applicant needed to be prompted to provide specific details about the claimed abuses she experienced in Lebanon. However she was able to do so when this was asked her.  The Tribunal considers that her reticence conforms with her daughter’s evidence that her mother’s experiences of the abuses and restrictions she faced in her relationship with her husband were not considered remarkable amongst her community.

1. The applicant was able to explain that despite her official divorce from her husband he continued to expect her to be available to him when he needed.  She and her daughter claimed that despite the divorce the applicant’s former husband continued to consider the applicant should acquiesce when he wanted something from her, such as intimacy, companionship, a familiar environment or an available person to be with and unload about his troubles.  They also described how he tried to reconcile and resume married life with her after she came to Australia but that this did not last long. 

2. The Tribunal notes that in her Visitor visa application the applicant presented information that her relationship with her ex-husband was good and that he was supportive.  She has stated that her ex-husband required her to say these things as he planned to reunite with her in Australia.  In any event given the turbulent history of the relationship; the expectations upon the applicant to comply with her ex-husband’s demands; the cultural assumptions, shared by the applicant herself in Lebanon, that a woman needs to protect the marital relationship; and the acceptance that a husband is the dominant partner, the Tribunal does not find it extraordinary that the applicant would define her relationship with her husband at the time as good and supportive.  As submitted by both the applicant and her daughters the applicant did not realise at the time that the relationship was particularly flawed within the relevant cultural context.  Her ex-husband was also providing some financial support at the time and encouraging a reconciliation.  The Tribunal acknowledges that relationships do not always remain static and that the applicant’s and her ex-husband’s relationship demonstrated quite extreme degrees of fluctuation given the ex-husband’s potentially volatile moods and demands. In the circumstances the Tribunal does not view the applicant’s statements at the time of her Visitor visa application as undermining of the applicant’s overall credibility regarding her claims of abuse from her ex-husband.

3. While the applicant’s ex-husband may have continued to provide some financial support to the applicant and her son in Lebanon for a period of time, the Tribunal accepts that this needed to be augmented by contributions from her daughters.  The Tribunal also accepts that his support has ceased since the applicant came to Australia, that he has thrown her belongings out of the marital home in Beirut and that he has sold her plot of land and kept the money for himself.

4. The applicant has stated that her parents lived with her for a period of time in Beirut because the roads to the south had become unsafe.  They have returned to the south since Beirut became unsafe.  Given she is no longer there or in a relationship with her ex-husband it is highly plausible they would leave his home in Beirut and return to their home in the south. The Tribunal accepts that the applicant’s elderly parents are now living in the south of Lebanon.

5. Both the applicant and her daughters appeared to the Tribunal to be genuinely recollecting the details of their past lives in Lebanon.  They did not seem to attempt to exaggerate their experiences despite some scope to do so, or to try to invent incidents or information to fill gaps in their knowledge or memories.  At times the applicant’s daughter [Ms B] became quite emotional speaking of the abuses she witnessed her mother endure in Lebanon and her own estranged relationship with her father. 

6. In view of the persuasiveness of the applicant’s evidence the Tribunal accepts her claims to have suffered emotional, psychological and physical abuse from her former husband during their marriage and after their divorce, and her claims regarding the psychological abuse from her former husband’s family in Lebanon.

   Fear of Harm in Lebanon

   Fear of former husband and his family

7. The applicant claims to fear further harm from her former husband and his family if she returns to Lebanon. 

8. The department’s movement records show that up until October 2020 the applicant’s former husband has made numerous trips from Australia on airlines travelling to the Middle East.  The Tribunal considers there is a likelihood he regularly returned to Lebanon and that once international travel restrictions are lifted, he will continue to do so.

9. In view of the applicant’s ex-husband’s past behaviour and the close community in Beirut, if the applicant returns there the Tribunal considers there is a real chance her ex-husband would contact the applicant and have expectations of her if she is there too.

10. The applicant has given evidence, which the Tribunal accepts, that she wants nothing to do with her former husband and would refuse any demands he made of her to continue to be available to him.  In such circumstances, on the basis of his past behaviour and cultural expectations, the Tribunal is satisfied there is a real chance he will react to her refusals with physical violence against the applicant.

11. The Tribunal considers that the harm the applicant is at risk of from her ex-husband is serious physical harm, emotional control, control over her external activities such as employment education and movement, and forced subservience to his needs. The Tribunal considers these harms to amount to serious harm.

12. The evidence, which the Tribunal accepts, clearly indicates that her former husband considers the applicant should continue to be available to him because of their marriage, despite their divorce. The Tribunal therefore considers that the reason for her ex-husband to harm her is the applicant’s status as a woman who was married to him, that is, his perception that a woman should be subservient to her husband’s needs.  The Tribunal therefore finds that the essential and significant reason for the harm by her ex-husband is the applicant’s membership of a particular social group of women in Lebanon, or married women (actual and imputed) in Lebanon.  The Tribunal notes that the applicant is not a married woman but her former husband’s actions represent his continuation of demands of her as though she remained married to him.  He thereby imputes a status to her of being married or a ‘wife’ to him.

    State Protection

13. The Tribunal notes that the applicant fears harm from a non-state actor, her husband.  She has given evidence of seeking help from a local Sheikh who was dismissive of her and her problems.  She and her daughters also gave evidence that what the applicant experienced in Lebanon was not regarded as unusual or a reason for official complaint.

14. The available country information also indicates that despite some progress in the retraining of law enforcement authorities and relevant legislation enactments, there remains widespread discrimination against women and the authorities are often unwilling to act on complaints made by women, especially if it concerns an issue in the private sphere.

15. On the basis of the available evidence the Tribunal is not satisfied that there if effective state protection available to the applicant in Lebanon from the harm she fears from her ex-husband.

    Fear as a Divorced Woman

16. If the applicant returns to Lebanon the Tribunal accepts that she will have no immediate place to live and no employment.  The applicant’s evidence and the available country information indicate that as a divorced woman alone there is a likelihood the applicant will be viewed amongst her community as an immoral or failed woman.  The Tribunal accepts that this view would substantially diminish the applicant’s opportunities to find employment and accommodation.  In the current economic crisis in Lebanon the Tribunal considers that there is a real chance that these characteristics significantly limit her opportunities to find accommodation and employment to the level that her ability to subsist in Lebanon is threatened.

17. The Tribunal also accepts that as a divorced woman the applicant would be vulnerable to forceful unwanted advances from men who believe she is of poor morality or who seek a sexual or marital relationship with her.  The Tribunal notes the country information regarding the significant increase in sexual harassment of women in Lebanon due to the economic and COVID-19 crises.  The Tribunal also accepts there is a real possibility of a substantial level of forceful pressure being put upon the applicant to enter into another marriage regardless of her wishes.

18. The Tribunal notes DFAT’s assessment that ‘Single women, particularly those fleeing family violence, are less likely to have access to sufficient support services and are likely to face societal discrimination in the form of harassment, particularly in rural and more conservative areas.’[27]

    [27] Ibid at 5.25

19. The applicant’s vulnerability and difficulties will be further exacerbated by her choice to not cover her hair in public, or not wear the hijab.  The Tribunal accepts that in many locations in Lebanon she will be forced to wear the hijab or risk outrage, isolation and assault.

20. In the Tribunal’s view, the harms the applicant is at risk of in Lebanon as a divorced woman who has chosen not to wear the hijab, amount to serious harm on a cumulative basis.  They involve a substantial threat to her ability to subsist, social isolation, community harassment, pressure to marry against her will, and adverse attention incorporating a threat of physical or sexual violence, which may be acted upon.

21. The Tribunal is therefore satisfied that there is a real chance of serious harm to the applicant in Lebanon as a divorced woman and one who does not choose to wear the hijab.

22. The Tribunal considers that the real chance of harm exists throughout Lebanon, including in the south and in her parents’ home region. 

23. The Tribunal is therefore satisfied that the applicant cannot relocate to another part of Lebanon to avoid the serious harm she is at risk of from her ex-husband and as a divorced woman who has chosen not to wear the hijab.

    Section 36(3)

24. There is no evidence or indication that the applicant has a right to enter and reside in any other country. The Tribunal accordingly finds she has no such right and that she is not excluded from Australia’s protection by s.36(3) of the Act.

    Conclusion

25. For the reasons set out above the Tribunal is satisfied the applicant has a well-founded fear of persecution in Lebanon for reason of her membership of particular social groups, namely actual or imputed married women in Lebanon, divorced women in Lebanon, and non-conforming women in Lebanon.  

26. The Tribunal is satisfied that the applicant is a person in respect of whom Australia has protection obligations under the Refugees Convention. Therefore the applicant satisfies the criterion set out in s.36(2)(a).

    DECISION

27. The Tribunal remits the matter for reconsideration with the direction that the applicant satisfies s.36(2)(a) of the Migration Act.

    Melissa McAdam
    Member