1821002 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning an applicant seeking a protection visa. The applicant, a widowed elderly Coptic Christian woman residing in Cairo, Egypt, claimed to be targeted by Muslim extremists due to her religion and her refusal to wear a hijab. She alleged harassment in her neighbourhood and building, including pressure to convert to Islam, attempted forced marriage, and verbal abuse. The applicant also stated that she had experienced discrimination at a pension office and that taxi drivers had harassed her. She asserted that Egyptian authorities do not intervene in community disputes between Christians and Muslims and that relocation within Egypt would not provide safety as discrimination against Christians is widespread.

The primary legal issue before the Tribunal was whether the applicant qualified for protection as a refugee under section 36(2)(a) of the Migration Act 1958, or alternatively, on complementary protection grounds under section 36(2)(aa). This required determining if she had a well-founded fear of persecution for reasons of religion, or if there was a real risk of significant harm as a necessary and foreseeable consequence of removal to Egypt. The Tribunal was also required to consider relevant policy guidelines and country information.

The Tribunal considered the applicant's claims of harassment and discrimination, including incidents involving neighbours, taxi drivers, and at a pension office. It noted the applicant's assertion that she wears a headscarf to avoid trouble and that she had been asked to marry by a man she believed was primarily interested in her conversion. The Tribunal also considered the applicant's statement that she had not reported incidents to the police, as she believed they would not address minor matters. After reviewing the evidence and the relevant legislative provisions, including definitions of refugee status and significant harm, the Tribunal concluded that the decision under review should be affirmed.

The Tribunal referred the matter to the Minister under section 417 of the Act for consideration of possible intervention. The Tribunal affirmed the decision not to grant the applicant a protection visa.