1837073 (Refugee)

This matter concerned an application for a Protection visa by an individual who claimed to be a Rohingya Muslim from Myanmar. The applicant asserted he was stateless, born to stateless parents, and had experienced persecution due to his ethnicity and religion, including forced labour of his father and his own participation in anti-government demonstrations. He also claimed to have no rights in Myanmar and feared arrest and harm by the Burmese authorities. The delegate had refused the visa, and the applicant sought review by the Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a Protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing significant harm in a receiving country. This involved determining the applicant's nationality and ethnicity, assessing the credibility of his claims regarding persecution, and considering the availability of protection in Myanmar or any potential receiving country. The Tribunal was also required to consider Ministerial Direction No. 84 and relevant guidelines concerning refugee and complementary protection.

The Tribunal found significant doubts regarding the credibility of the applicant's evidence, noting inconsistencies between his statements in his visa application, arrival interview, and at the Tribunal hearing concerning his and his family's citizenship and ethnicity. Specifically, the applicant initially claimed his entire family were citizens of Myanmar and that he possessed a birth and marriage certificate, but later asserted he and his family were stateless and lacked identification documents. He also provided conflicting accounts of his mother's ethnicity. Due to these credibility issues, the Tribunal concluded that the decision under review should be remitted for reconsideration.

The Tribunal remitted the matter for reconsideration with the direction that the applicant satisfies section 36(2)(a) of the *Migration Act*.