1828977 (Refugee)

The applicant, an Egyptian Coptic Christian, sought a protection visa for herself and her family, alleging they faced persecution due to her sister's conversion to Islam and subsequent marriage to a Muslim man. The applicant claimed that her sister, who had reconverted to Christianity, was subjected to domestic violence by her husband, and that this violence was likely to extend to the applicant and her family, who feared being traced and targeted by the sister's husband and his family. The dispute concerned whether Australia owed protection obligations to the applicant and her family.

The court was required to determine if the applicant met the criteria for a protection visa, specifically whether Australia had protection obligations towards her and her family. This involved assessing the credibility of the applicant's claims regarding the threats and violence she and her family allegedly faced as a consequence of her sister's religious conversion and subsequent marital issues. The court also had to consider the relevant provisions of the Migration Act 1958 (Cth), including section 36(2)(aa) concerning complementary protection.

The court affirmed the decision under review, concluding that the applicant had not established that Australia owed her protection obligations. While acknowledging the applicant's and her family's Coptic Christian faith and their country of return being Egypt, the court found that the evidence did not substantiate a real risk of significant harm to the applicant or her family as a necessary and foreseeable consequence of their removal from Australia. The court considered the applicant's claims of threats and violence but ultimately found them not to be sufficiently credible or to meet the threshold for significant harm under the relevant legislative provisions. The court also noted that mandatory considerations under Ministerial Direction No. 84, including relevant guidelines and country information, were taken into account.