1822091 (Refugee)

The applicant, a national of Uganda, sought review of a delegate's decision to refuse him a protection visa. The applicant arrived in Australia in March 2018 and applied for the visa in May 2018, claiming persecution as a homosexual man in Uganda. The delegate refused the visa, finding the applicant's claims not credible and that he did not meet the refugee or complementary protection criteria. The applicant applied for review by the Administrative Appeals Tribunal (the Tribunal).

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason, or whether he would suffer significant harm as a necessary and foreseeable consequence of being removed to Uganda, thereby engaging Australia's protection obligations. The Tribunal also considered the applicant's responsibility to provide sufficient evidence to establish his claim.

The Tribunal noted that the applicant had consented to a decision on the papers without a hearing. It accepted the applicant's nationality as Ugandan and that Uganda was the receiving country. The Tribunal considered the relevant provisions of the *Migration Act 1958* (Cth) concerning the definition of a refugee and the criteria for complementary protection, including the meaning of significant harm and the availability of effective protection measures. The Tribunal also had regard to Ministerial Direction No. 84 and associated guidelines.

The Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.