1837228 (Refugee)

This matter concerned an application for a protection visa by an Egyptian national and his partner, who was a national of [Country 1]. The primary applicant claimed he feared harm from an individual, referred to as Mr A, whom he had assisted in arresting following an extremist attack on a church in Egypt. The applicant alleged that Mr A had since escaped from prison and travelled to a third country with the intention of seeking revenge against him and his family. The applicants also raised concerns about religious discrimination and persecution faced by Coptic Orthodox Christians in Egypt.

The central legal issue before the Tribunal was whether Australia owed protection obligations to the applicants under sections 36(2)(a) and 36(2)(aa) of the Migration Act 1958 (Cth). This required the Tribunal to assess whether the applicants had a well-founded fear of persecution for a Convention reason or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, they would suffer significant harm. The Tribunal was also required to consider the applicants' claims in light of relevant guidelines and country information, and to determine if they had a right to reside in a safe third country.

The Tribunal accepted the applicants' claimed nationalities and countries of origin. It noted that the second applicant, as a member of the first applicant's family unit, had no separate claims to consider. Regarding third country protection, the Tribunal found that the first applicant's visa for [Country 2] had expired, and there was no evidence he retained a right to enter or reside there, particularly as his visa would cease automatically after a prolonged absence. Consequently, the Tribunal concluded that the applicants did not have a right to enter and reside in any safe country. The Tribunal's assessment of the applicants' claims, including the credibility of the fear of harm and the availability of protection within Egypt, led it to affirm the decision under review.