1815920 (Refugee)

The applicant, a citizen of Sierra Leone, sought a protection visa in Australia. The dispute concerned whether Australia had protection obligations towards the applicant, who claimed fear of persecution based on political opinion and other grounds. The Administrative Appeals Tribunal (AAT) reviewed the delegate's decision to refuse the visa.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia. The Tribunal was required to consider the applicant's claims of fear of persecution due to his alleged political opinion and activity with the All People's Congress (APC) in Sierra Leone, and assess the evidence presented regarding political tensions and violence in that country.

The Tribunal considered the applicant's claims in light of the *Migration Act 1958* (Cth) and relevant guidelines. It noted that the applicant's initial visa application was brief, but his explanation for this was accepted. While acknowledging evidence of political tensions in Sierra Leone, the Tribunal ultimately found that the applicant had not established a well-founded fear of persecution for reasons of political opinion, nor had he demonstrated a real risk of significant harm upon return to Sierra Leone. The Tribunal applied the principles outlined in sections 5H, 5J, and 36(2)(aa) of the Act, which define a refugee and the circumstances under which Australia has protection obligations.

The Tribunal affirmed the decision not to grant the applicant a protection visa, concluding that the applicant did not satisfy the criteria under section 36(2) of the *Migration Act 1958* (Cth).