1820805 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse protection visas for an Iraqi national and her husband. The applicants, who are Christian of Armenian ethnicity, fled Iraq in 1994 and subsequently resided in Greece for many years before travelling to Australia in 2014. The first applicant applied for a protection visa, with her husband included as a family member. The delegate refused the application, a decision affirmed by the first Administrative Appeals Tribunal. The matter was remitted to the Administrative Appeals Tribunal by the Federal Circuit Court for reconsideration. Tragically, the second applicant passed away in October 2018.

The primary legal issue before the Tribunal was whether the first applicant met the criteria for a protection visa under the Migration Act 1958, specifically whether she was a refugee within the meaning of Article 1A(2) of the Refugees Convention, or alternatively, whether she qualified for complementary protection under s.36(2)(aa) of the Act. This involved assessing her well-founded fear of persecution for reasons of race, religion, or membership of a particular social group, and the risk of significant harm if returned to Iraq. The Tribunal also had to consider the implications of the COVID-19 pandemic on her ability to access healthcare and her general vulnerability.

The Tribunal affirmed the delegate's decision not to grant the first applicant a protection visa. It found that the applicant did not meet the criteria for a protection visa, nor did she establish a well-founded fear of persecution or a real risk of significant harm. The Tribunal also determined that it had no jurisdiction with respect to the second applicant, as his application for review had lapsed due to his death.