1836493 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an Egyptian national. The applicant claimed to be a Christian of non-Egyptian heritage who feared persecution from Muslim extremists and believed the police would be unsupportive. The applicant's claims stemmed from an incident involving threats and a bomb attack on his church shortly before his arrival in Australia on a visitor visa.

The Tribunal was required to determine whether the applicant met the definition of a refugee under section 5H of the Migration Act 1958, or if Australia had protection obligations towards him under section 36(2)(aa) of the Act, which concerns complementary protection. This involved assessing the applicant's fear of persecution based on his religion and ethnicity, and considering the availability of effective protection in Egypt.

In its reasoning, the Tribunal noted that the applicant's claims were undetailed and that he had not expressed fear of harm in previous visa applications. The Tribunal also considered the applicant's visa and travel history, and relevant country information. It applied the principles outlined in Ministerial Direction No. 84, the Refugee Law Guidelines, and the Complementary Protection Guidelines. The Tribunal found that the applicant had not established a well-founded fear of persecution or a real risk of significant harm as a necessary and foreseeable consequence of removal to Egypt.

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