1813550 (Refugee)

The applicant, a divorced woman from Lebanon, sought a protection visa, claiming she would face harm if returned to her home country. Her claims included past domestic violence, the threat of harm from her ex-husband and his family, and fear for her safety and that of her Australian citizen son due to escalating civil unrest and bombings in Beirut. The court was required to determine whether the applicant had established a real risk of suffering significant harm, as defined by the *Migration Act 1958* (Cth), for a Convention reason, or whether she would suffer significant harm as a necessary and foreseeable consequence of her removal from Australia.

The court considered the applicant's evidence regarding her personal circumstances, including her history of abuse, lack of economic and social support in Lebanon, and the deteriorating security situation. It also took into account country information concerning the general political, economic, and social conditions in Lebanon, and the availability of effective state protection. The court applied the principles outlined in section 36(2B) of the *Migration Act 1958* (Cth), which consider whether relocation to a safer area within Lebanon would be reasonable, whether state protection is available, or if the risk faced is general to the population. The court also had regard to Ministerial Direction No. 84 and relevant guidelines.

The court found that while the applicant's claims regarding sectarian violence in Lebanon and her son's improved psychological well-being in Australia were credible, the claims of violence and threats from her ex-husband were not accepted as credible. Ultimately, the court concluded that the applicant had not demonstrated a real chance of suffering serious harm for a Convention reason if returned to Lebanon, nor a real risk of significant harm as a necessary and foreseeable consequence of her removal. Consequently, the court remitted the decision under review to the Administrative Appeals Tribunal for reconsideration.