1829322 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an appeal by an applicant seeking a protection visa. The applicant claimed to have been involved with groups linked to the Muslim Brotherhood in Egypt, leading to detentions, beatings, and raids on his home and family home, particularly after the 2013 coup. He asserted that he faced arbitrary arrest and detention, threats of imprisonment, and intense interrogations, necessitating his escape from Egypt.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). This involved determining if the applicant had a well-founded fear of persecution for reasons of political opinion, or if he would suffer significant harm as a necessary and foreseeable consequence of being removed from Australia, thereby engaging Australia's protection obligations under section 36(2)(aa). The Tribunal was also required to consider the applicant's credibility, given inconsistencies in his evidence, including his claims about his brother's visa status and his own reasons for seeking a protection visa.

The Tribunal applied the principles outlined in Ministerial Direction No. 84, the Refugee Law Guidelines, and the Complementary Protection Guidelines. It noted that to satisfy section 36(2)(a), a person must have a well-founded fear of persecution. For section 36(2)(aa), there must be substantial grounds for believing there is a real risk of significant harm. The Tribunal found that the applicant did not satisfy the criterion in section 36(2) of the Act, which encompasses both the refugee criterion and the complementary protection criterion, nor did he satisfy the criterion under section 36(2)(b) or (c) as a family member of a person holding a protection visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.