1820736 (Refugee)

This matter concerned an application for a protection visa by a female French citizen who claimed to fear persecution from jihadist terrorist groups in France. The applicant alleged that she had received threats via phone calls, warning her to cease social media postings critical of jihadists, and that the French police had not taken her concerns seriously. She asserted that if returned to France, she would be targeted, killed, attacked, or kidnapped by these groups, and that authorities would be unable to protect her. The Administrative Appeals Tribunal (AAT) considered 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) for complementary protection due to a real risk of significant harm.

The legal issues before the AAT were twofold: first, whether the applicant had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, as defined by section 5J(1)(a) of the Act, such that she would be unable or unwilling to avail herself of the protection of France; and second, if she did not qualify as a refugee, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of her removal to France, she faced a real risk of suffering significant harm. The AAT was required to assess the evidence presented by the applicant in light of relevant guidelines and country information.

The AAT affirmed the decision not to grant the applicant a protection visa. The Tribunal found that the evidence provided by the applicant regarding her fear of persecution and the risk of significant harm was vague and undetailed. Consequently, the applicant failed to establish a real chance of persecution or a real risk of significant harm upon return to France. The Tribunal concluded that the applicant did not satisfy the criterion under section 36(2) of the Act, which encompasses both refugee status and complementary protection.