1825153 (Refugee)

The applicant, who arrived in Australia in May 2015, sought a protection visa on 18 November 2016, following the cancellation of his temporary visa. The applicant claimed to have fled Zimbabwe due to threats from a political enemy of his father, fearing abduction and death if returned. The Tribunal was required to determine the applicant's credibility and whether, based on his accepted claims, he met the criteria for a protection visa.

The central legal issue was whether the applicant had a well-founded fear of persecution for reasons of political opinion, or alternatively, whether Australia had protection obligations towards him under the complementary protection criterion due to a real risk of significant harm upon removal. This involved assessing the applicant's claims in light of the provisions of the *Migration Act 1958* (Cth), including the definitions of significant harm, effective protection measures, and the requirement for a real chance of persecution. The Tribunal also considered relevant Ministerial Directions and country information.

The Tribunal affirmed the delegate's decision not to grant the protection visa. It found that the applicant's claims regarding threats from his father's political enemies were not sufficiently credible to establish a well-founded fear of persecution. Furthermore, the Tribunal considered that even if the applicant's claims were accepted, the applicant had not demonstrated that he could not relocate within Zimbabwe to an area where he would not face a real risk of significant harm, nor that he could not obtain protection from Zimbabwean authorities. The applicant's criminal conviction and imprisonment in Australia were also noted as factors that could be disregarded unless proven to have been made for reasons other than strengthening his refugee claim.

Consequently, the Tribunal affirmed the decision under review, concluding that the applicant did not satisfy the criteria for the grant of a protection visa.