1901551 (Refugee)

1901551 (Refugee) [2022] AATA 4055 (23 September 2022)
DECISION RECORD
DIVISION:Migration & Refugee Division
CASE NUMBER:  1901551
COUNTRY OF REFERENCE:                   Egypt
MEMBER:Nora Lamont
DATE:23 September 2022
PLACE OF DECISION:  Brisbane
DECISION:The Tribunal affirms the decision not to grant the applicant a protection visa.

Statement made on 23 September 2022 at 9:48am
CATCHWORDS
REFUGEE – protection visa – Egypt – religion – Coptic Christian – deacon in the Coptic Church – negotiating with Muslim extremists – rescuing kidnapped Christian girls – late claim not raised earlier – country information – Muslim Brotherhood – decision under review affirmed
LEGISLATION
Migration Act 1958 (Cth), ss 5H, 5J, 36, 65, 423A
Migration Regulations 1994 (Cth), Schedule 2
Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependant.
STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 11 January 2019 to refuse to grant the applicant a protection visa under s 65 of the Migration Act 1958 (Cth) (the Act).
The applicant who claims to be a citizen of Egypt, applied for the visa on 15 June 2018.
The applicant appeared before the Tribunal on 20 September 2022 to give evidence and present arguments. He was supported in his hearing by his friends [Ms A] and [Mr B].
The applicant was represented in relation to the review.
Criteria for a protection visa
The criteria for a protection visa are set out in s 36 of the Act and Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations). An applicant for the visa must meet one of the alternative criteria in s 36(2)(a), (aa), (b), or (c). That is, he or she is either a person in respect of whom Australia has protection obligations under the ‘refugee’ criterion, or on other ‘complementary protection’ grounds, or is a member of the same family unit as such a person and that person holds a protection visa of the same class.
Section 36(2)(a) provides that a criterion for a protection visa is that the applicant for the visa is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the person is a refugee.
A person is a refugee if, in the case of a person who has a nationality, they are outside the country of their nationality and, owing to a well-founded fear of persecution, are unable or unwilling to avail themselves of the protection of that country: s 5H(1)(a). In the case of a person without a nationality, they are a refugee if they are outside the country of their former habitual residence and, owing to a well-founded fear of persecution, are unable or unwilling to return to that country: s 5H(1)(b).
Under s 5J(1), a person has a well-founded fear of persecution if they fear being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, there is a real chance they would be persecuted for one or more of those reasons, and the real chance of persecution relates to all areas of the relevant country. Additional requirements relating to a ‘well-founded fear of persecution’ and circumstances in which a person will be taken not to have such a fear are set out in ss 5J(2)-(6) and ss 5K-LA, which are extracted in the attachment to this decision.
If a person is found not to meet the refugee criterion in s 36(2)(a), he or she may nevertheless meet the criteria for the grant of the visa if he or she is a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to a receiving country, there is a real risk that he or she will suffer significant harm: s 36(2)(aa) (‘the complementary protection criterion’). The meaning of significant harm, and the circumstances in which a person will be taken not to face a real risk of significant harm, are set out in ss 36(2A) and (2B), which are extracted in the attachment to this decision.
Mandatory considerations
In accordance with Ministerial Direction No.84, made under s 499 of the Act, the Tribunal has taken account of the ‘Refugee Law Guidelines’ and ‘Complementary Protection Guidelines’ prepared by the Department of Home Affairs, and country information assessments prepared by the Department of Foreign Affairs and Trade expressly for protection status determination purposes, to the extent that they are relevant to the decision under consideration.
CONSIDERATION OF Claims and evidence
The issue in this case is whether the applicant will be harmed in Egypt because of his religion.
Based on copies of the applicant’s passport which was provided to the Department, the applicant’s oral and written evidence, and in the absence of any evidence to the contrary,

I accept that the applicant is a national of Egypt and I have assessed his claims against that country in relation to s 36(2)(a) and s 36(2)(aa) of the Migration Act.
There is no evidence before me to suggest that the applicant has a right to enter and reside in any safe third country for purposes of s 36(3) of the Act.
There are no non-disclosure certificates on the applicant’s file.
The Tribunal has before it the following submissions: [1]
[1] AAT Folio
1. Section 1 - Background information
a. Statutory Declaration
b. Employer References
c. Birth certificates
d. Tertiary education certificates
e. Church references – I think these are important
2. Section 2 - Detailed background information
a. Family forced to leave [Country 1]
b. Reference from [Father C] – important information to read
c. Reasons for lodging appeal
3. Section 3 - Most Important Section
a. *Personal Summary – this is the most important document to read
b. Harassment of my parents in Egypt
c. Document by human rights lawyer – another important document to read
d. News of bombing of my church in Alexandria
e. Map of my home to the church in Egypt
4. Section 4 - Important News Articles
a. Coptic girls being kidnapped
b. Christian’s girls are being abducted in Egypt – never to return
c. Are Egypt’s Christians persecuted? Reporting human rights in Egypt is a dangerous occupation
d. Egyptian Govt - Downplaying terror attacks in Egypt
e. Fire rips through a Christian church – 41 people dead
f. Nine Coptic Christians detained for rebuilding church
5. Section 5 - Country information
a. Country Information - Egypt
b. 10 Facts about Christian persecution
c. UK govt - foreign travel warning advice for Egypt
d. Recent bombing of another church in Alexandria
6. Section 6 - Human rights condition in Egypt - one of the worst in the world
a. Enough is enough – UN asked to monitor Egypt human rights
b. Amnesty International Report - Egypt archives
c. Wikipedia reports on Human rights in Egypt
d. Egypt cracking down harder on human rights
e. Human rights watch article on Egypt 2021
f. Us Congress Biden debates Egypt military aid
7. Section 7 - Egypt - A country that breeds terrorists
a. The role of Egyptians in the 9/11 attacks
b. Who was Al Qaida leader & key 9/11 architect
c. The founding head of al-Qaeda is dead but
8. Section 8 – *Satisfying refugee criteria – This final section is also important
a. Analysis of the Department’s previous decision
b. Final Personal Statement
i. Delaying my protection visa application
ii. No Relocation
iii. Modifying Behaviour
iv. Resettlement prospects in Australia
At the hearing the applicant also provided the Tribunal with two articles one titled: Egypt’s silent epidemic of kidnapped Christian girls [2] and one titled: Egypt: Release nine Coptic Christians detained for attempting to rebuild church. [3]
[2]
The applicant first arrived on a student visa [in] February 2014. He subsequently departed and returned [in] July 2016. He applied for his protection visa on 15 June 2018.
The applicant’s claims can be summarised as follows: [4]
[4] [Department file number] - 940614143
·He was born and grew up in [Country 1] but every year he travelled to Egypt until 2012 and since 2012 he has not returned to Egypt.
·The applicant is a Coptic Christian.
·He won’t be able to practice his Christianity freely in Egypt.
·In 2011 his church in Alexandria was bombed and he could not go to church for fear of losing his life.
·In July 2012 he was at the marketplace and he was wearing a cross, and someone pulled it off and called him an infidel.
·His cousin was robbed and beaten by four random people after church.
·His brother’s car was surrounded by Muslims.
·He doesn’t want to do military service and he will go to jail where he will be raped and tortured.
·The Muslim brotherhood occupy all of Egypt.
At the Tribunal hearing and/or in pre-Tribunal submissions these additional claims were added as follows:
·He is a Deacon in the church and whilst in Egypt he went with the priest on numerous occasions to negotiate with Muslim extremists to free Christian girls who had been kidnapped and forced to convert to Islam.
·He re-converted the girls from Islam to Christianity.
·The event when his cross was pulled off him in the marketplace was done by Muslim extremists because they knew who he was and that he had negotiated to get kidnapped girls returned.
·In December of 2019 Muslim extremists came to his parents’ house looking for him. His parents fled and when they returned their house was ransacked.
·In November 2020 Muslim extremists came looking for him again and they broke down the door and physically assaulted his parents and told his parents he should never come back.
Tribunal Hearing
The applicant said at the beginning of the hearing that his previous lawyers never had time for him and threat he always felt rushed when he spoke with them. He also felt that he was misunderstood during his Department interview and as his English wasn’t that good, he was not able to explain things properly.
The applicant’s parents lived and worked in [Country 1] for many years, and this is where the applicant was born. I explained to the applicant that as he has no legal right to live in [Country 1], I would not be assessing his claims against [Country 1] only against Egypt. His father was an [Occupation 1], and his mother was a [Occupation 2]. They are currently retired and living back in Egypt in the apartment they have owned for many years in Alexandria.
The applicant is highly educated with a bachelor’s degree in [Discipline 1] and a master’s degree in [Discipline 2]. He received his master’s degree in [Country 2]. He has a sister who lives with her husband in [Country 1] and a brother who works [in] Sydney and is an Australian citizen.
I asked him what it was like growing up in [Country 1] and he said he had a group of friends and he was sometimes bullied for being a Christian. His parents took him back to Egypt every year to reunite with family who live all over the world. He said his parents are currently awaiting a visa sponsored by their daughter so they can return to [Country 1]. They came to Australia in 2019 for his brother’s wedding.
Four years in Australia before applying for Protection
I asked the applicant why he first arrived in 2014 yet he did not apply for a protection visa until 2018. He said he was looking at it in a different way, he wanted to get sponsorship and go through the visa process that way, but he didn’t have enough points.
Coptic Christian
He said he was baptised as a Christian when he was a baby and became a Deacon in the church at the age of twelve. He attended church each Saturday and sometimes other times for bible study and other religious events. I asked what he did as a Deacon. He said he held the cross, helped the priests, went to visit people who were sick. He said the church in [Country 1] was a large all Egyptian Coptic Church.
Since being in Australia he has been attending [Church 1] and has been a Deacon there since 2014. I asked if his brother was ever a Deacon and he said he was, but he didn’t really like it and he is less social than he is. He said his parents were proud of him.
Negotiating with Muslim terrorists to get kidnapped Christian girls back
I told the applicant that his claims to have negotiated with terrorists to bring back Christian girls who had been kidnapped by Muslim extremists was not in his written or oral claims before the Department. I told him that under s 423A of the Migration Act, I would need to be satisfied that there was a “reasonable” explanation as to why he did not bring up these claims before. He said when he did his claims, he was more concerned overall with the security situation for Coptic Christians and less about his personal issues and his English was bad. He also had trouble in meeting with his lawyers.
I asked him to explain what transpired on these negotiating trips he took with the priest. He said it started when he was [age] years old. Because he was a Deacon, they asked him to help rescue Christian girls who had been kidnapped. The priest thought it would be good for him to go as he didn’t live locally, and he wouldn’t be recognised.
The girls were young and mostly teenagers and he would go to the Muslim extremists’ apartments, there would be kidnappers with guns, and they would try to get the girls back with money. He said he did this nine times and only two times could they get the girls back. He would go after church and his parents didn’t know what he was doing. He said the Muslims would get angry that they were trying to take the girls. They got money for each girl they kidnapped and converted.
I asked him why he didn’t go to the police and he said they are mostly Muslims anyway and they don’t sympathise with them, they don’t do anything this is a well-known fact.
I read the applicant the following from the DFAT report: [5]
3.10 DFAT is aware of anecdotal reports of Christian women and girls being abducted and forcibly converted to Islam. Such reports have occasionally led to increased tensions and clashes between Christian and Muslim communities, particularly when the alleged abductions involve family members of Christian priests. However, there is little evidence to suggest that forced conversions occur as a regular phenomenon. DFAT assesses that most religious conversions in Egypt occur either to enable a person to marry someone from another faith, or to access divorce.
[5] DFAT Country Information Report Egypt 17 June 2019 page 16
The applicant responded to the country information stating that Egypt is covering it up. I then asked him about the incident in the marketplace. He said it was the Muslim extremists and that they recognised him and ripped off his cross necklace and called it haram. He said a similar event happened to his grandmother across from her apartment.
Muslims come to parent’s house 2019-2020
I asked how it was possible for these Muslim extremists to know where his parents lived to come to their home looking for him after so many years, as he had left Egypt in 2012 and it was now 2019. He said maybe they had surveillance cameras, maybe someone was a traitor, they live in the local area and people don’t forgive or forget. He brought up [Father C] he was reported to the government and he was sent to prison for five years. He said because the kidnappers are getting paid, they were really angered by an active church member. They are everywhere, and they are linked to Al Qaeda and ISIS. He said two Muslim extremists came to his parents’ home after midnight banging on it asking where he was. His mother was screaming, and they ran away. They went to the police, but they didn’t do anything about it. His parents then went to nearby cities and hid and after 6 months they returned. I asked him if he had a police report, he said no. Instead, his parents went to the Egyptian Union and they got local lawyers to look into his case. [6] A letter from the Union is in the AAT Folio.
[6] AAT Folio Egyptian Union of Human Rights Organisation
The second time the Muslim extremists came was in 2020 and they had rifles. They hit his parents and his dad had a bruise on his forehead. They were looking for the applicant. I asked if anything had happened since 2020 and he said no.
I asked him what would happen if he went to Egypt. He said he will be found, and he doesn’t feel safe. There is too much discrimination. He said he asked the priest in Alexandria to give him a letter, but he wouldn’t because he was too afraid someone would find out.
He said he knew people who had died in the bomb blast at his church in 2011. I asked him about his brother’s incident. He said his brother s car was stuck and he needed a tow truck and Muslims had surrounded him. But nothing happened and he got away. He said his cousin left church and was followed by men with knives. They called him an infidel and told him to stop Christianity.
I read the applicant country information from DFAT which states: [7]
There are no legal barriers to prevent Christians from being visible in public life, and a number of Christians have become prominent and influential in Egyptian politics and business. DFAT understands that the percentage of Christians in the Egyptian civil service is broadly representative of the religious breakdown of the population. However, Christians tend to be under-represented in senior civil servant roles, and in the upper ranks of the military and security services. It is very rare for Christians to be appointed as presidents, deans or vice-deans in public universities. While anti-discriminatory laws and legal protections exist, these are not always enforced fairly and Christians may experience some discrimination, particularly in rural areas.
[7] DFAT Country Information Report Egypt 17 June 2019 page 15
The applicant said that it is all covered up, people like him and those who report on what is happening are being taken into custody as they want to attract tourists. Churches catch on fire and they blame it on electrical faults and the firefighters don’t arrive for hours.
I then read the applicant the following also from the DFAT country information report: [8]
Most Christians viewed the post-2011 Revolution ascendency of the Muslim Brotherhood with considerable apprehension. They regarded the Morsi government’s removal and the restoration of general law and order as a cause for relief, and strongly supported the ascendency of Sisi to the presidency. Many Christians and representatives of other minority faiths report that while things could always improve, they generally consider themselves better protected under President Sisi than previous Egyptian leaders. Christian religious authorities have consistently expressed appreciation for Sisi’s public messaging which has called upon Egyptians to place national unity above religious differences, and for his personal example: in 2015, Sisi became the first Egyptian head of state to attend Christmas mass at the St. Mark’s Cathedral in Cairo and has attended every year since. Sisi has actively engaged with the Christian community, declaring days of national mourning or calling personally on Pope Tawadros to express his condolences following DFAT Country Information Report Egypt 21 terrorist attacks against Christians (see Security Situation). Local sources report that Christians generally remain strong supporters of Sisi, although (like other Egyptians) their initial enthusiasm has waned due to the lack of economic improvement and ongoing social difficulties in Egypt.
[8] IBID
The applicant responded that Christians are scared for their lives, and they don’t want to say anything, there are sixty thousand political prisoners and no one wants to speak out. A Christian journalist was detained and labelled a terrorist and was put in jail.
Military Service

The applicant said he has not done his military service and he doesn’t mind the military or doing his service, he is not able to go back as the real issue is the extremists and they will find him. They are looking for anyone who insults them. He said the Muslim extremists would find him and confiscate his passport send him to jail and they may want to find him and kill him. He helped rescue girls and re convert them back to Christianity.
He cannot renew his passport as he has not done his military service. We did discuss that he could pay a fine upon return for not completing his service.
I asked him why he couldn’t relocate to another part of the country? He said the Muslim brotherhood is everywhere and as he doesn’t sound Egyptian; he would be easily recognised.
The applicant’s friend [Mr B] was in the hearing and whilst he did not give evidence, he did say that the applicant had a very different experience in his life, and it is too dangerous for him to come back. The applicant’s representative (friend) also spoke of some of the articles in the packet the applicant had given to the Tribunal.
Country Information
Religion
No official statistics exist in relation to the breakdown of Egypt’s religious population. While estimates vary, most observers agree that Sunni Muslims comprise approximately 90 per cent of the population, Coptic Christians make up between eight and ten per cent, and the remainder consists of small numbers of other religious minorities, including Shi’a Muslims, Sufi Muslims (officially considered Sunni) non- Coptic Christians, Baha’i, and Jews. The government officially recognises three religions: Islam, Christianity, and Judaism.
Christians
Christianity was established in Egypt in the first century and is one of the oldest centres of Christianity in the world. Although there are twelve officially recognised Christian denominations in Egypt (four Orthodox, seven Catholic and one Protestant), the vast majority of Christians in Egypt are members of the Coptic Orthodox Church. All those belonging to recognised Christian denominations are identified as Christian on their national ID cards. While Christians reside throughout the country, they are particularly concentrated in Upper Egypt (the southern part of Egypt) and in major cities such as Cairo and Alexandria. Suburbs in Cairo and other cities and some villages are sometimes regarded or described as ‘Christian areas’, but few are exclusively Christian (or Muslim). Egyptian Christians are politically and socio-economically diverse: they hold varied professions; range from the very poor to the very rich; and have attained a range of education levels.
Christians generally dress similarly to Muslim Egyptians. In urban areas, however, Christian women are more likely than Muslim women to leave their hair uncovered. Christian women living in rural or conservative areas are more likely to cover their hair, but generally do not wear the Islamic hijab. Christians tend to have identifiable names. Some Christians tattoo small crosses on the inside of their wrists or between their thumb and forefinger as a mark of their identity, often following visits to monasteries or holy sites. Not all Christians have these tattoos, and it is not a mandatory religious practice.
There are no legal barriers to prevent Christians from being visible in public life, and a number of Christians have become prominent and influential in Egyptian politics and business. DFAT understands that the percentage of Christians in the Egyptian civil service is broadly representative of the religious breakdown of the population. However, Christians tend to be under-represented in senior civil servant roles, and in the upper ranks of the military and security services. It is very rare for Christians to be appointed as presidents, deans or vice-deans in public universities. While anti-discriminatory laws and legal protections exist, these are not always enforced fairly and Christians may experience some discrimination, particularly in rural areas.
Most Christians viewed the post-2011 Revolution ascendency of the Muslim Brotherhood with considerable apprehension. They regarded the Morsi government’s removal and the restoration of general law and order as a cause for relief, and strongly supported the ascendency of Sisi to the presidency. Many Christians and representatives of other minority faiths report that while things could always improve, they generally consider themselves better protected under President Sisi than previous Egyptian leaders. Christian religious authorities have consistently expressed appreciation for Sisi’s public messaging which has called upon Egyptians to place national unity above religious differences, and for his personal example: in 2015, Sisi became the first Egyptian head of state to attend Christmas mass at the St. Mark’s Cathedral in Cairo and has attended every year since. Sisi has actively engaged with the Christian community, declaring days of national mourning or calling personally on Pope Tawadros to express his condolences following DFAT Country Information Report Egypt 21 terrorist attacks against Christians (see Security Situation). Local sources report that Christians generally remain strong supporters of Sisi, although (like other Egyptians) their initial enthusiasm has waned due to the lack of economic improvement and ongoing social difficulties in Egypt.
Minority Rights Group International estimates that there are between one thousand and

fifteen hundred Jehovah’s Witnesses living in Egypt. Although the denomination is not officially recognised, authorities permit its members to meet privately in gatherings of fewer than thirty people). Jehovah’s Witnesses are banned from importing religious literature such as Watchtower publications, which are a key part of religious instruction and practice for Witnesses.
DFAT assesses that Christians face a moderate risk of discrimination that is more likely to be societal than official in nature and is likely to vary considerably according to geographic location. Christians, particularly in rural areas, may face difficulty in obtaining justice through legal means (see Judiciary). Despite the lack of any official policy of discrimination, Christians remain less likely than Muslims to be able to achieve senior positions in institutions such as the civil service, military and security services, and universities.
Findings
I accept the following claims made by the applicant:
·He is a Coptic Christian and a Deacon in the Coptic Church.
·
He lived in [Country 1] for his whole life until going overseas for further education and that he travelled each year to Egypt for holidays. He was last in Egypt

in 2012.
·He has not completed his military service in Egypt, but this is fine with him as he can pay a fine.
·The Coptic Christian church he attended on his visits to Egypt was bombed in 2011.
·The applicant said his brother’s car broke down and Muslims surrounded his car but luckily a tow truck came, and nothing happened. I accept this occurred but place no weight on it in relationship to the applicant’s claims.
·The applicant’s cousin was robbed with a knife after church and called an infidel.
For the following reasons I do not accept the following claims:
I do not accept that the applicant assisted the priest with negotiating with kidnappers to get Christian girls out of captivity and re-converted. First this claim was not in his original written or oral claims before the Department. I told him that under s 423A unless I found his explanation to be reasonable, I could look unfavourably at these claims. The applicant said that he was more concerned with the overall persecution of Coptic’s than with his personal details. He also stated that his English was bad, and it was difficult to see his lawyers. The applicant had first come to Australia in 2014 and has also studied in [Country 2]. I do not accept that when he put in his application his English was poor. The kidnapping and events in his claims have become central to his case given he also claims his parents have been contacted by Muslim extremists based on his claims of assisting the priests with kidnapped Christian girls.
DFAT reports the following:
DFAT is aware of anecdotal reports of Christian women and girls being abducted and forcibly converted to Islam. Such reports have occasionally led to increased tensions and clashes between Christian and Muslim communities, particularly when the alleged abductions involve family members of Christian priests. However, there is little evidence to suggest that forced conversions occur as a regular phenomenon. DFAT assesses that most religious conversions in Egypt occur either to enable a person to marry someone from another faith, or to access divorce.
The applicant has claimed that he is wanted by Muslim Extremists in Egypt and they have come looking for him at his parents’ house. I do not accept these claims. The applicant never lived in Egypt and only went to Egypt for a month or less once a year. Even if I accepted, he went with the priest to negotiate the release of kidnapped girls the last time the applicant was in Egypt was 2012. How would they know where his parents lived when they themselves had only just returned from [Country 1]. Further, the applicant stated that they said his name and he should never come back to Egypt. I find it implausible that after seven or so years the Muslim extremists would know who he is and demand he not come back after such a long period of time and given the applicant has no profile in the community.
DFAT and other country information does not support the notion that Coptic Christians are persecuted in Egypt. Therefore, I do not accept these claims. Indeed, Harvard University Divinity School points out that the notion of Copts being persecuted and historical in nature. [9]
Early nationalist movements frequently elided religious and ethnic differences in order to promote an Egyptian subject, though not always. Coptic Egyptians were active participants in nationalist and anti-colonialist movements but were wary of any narrative that painted Egyptian identity as inherently Islamic, including the 1952 Free Officer’s Revolution. In 1955, Nasser abolished religious courts, including independent Coptic courts guided by their own personal status laws. Copts were negatively impacted by the creation of Israel and were accused by some Islamists of being sympathizers to the Israeli cause. In the following decades, the Islamic revival prompted rising numbers of Copts to immigrate to North America, which currently has the largest Coptic diaspora community. The 1971 introduction of Article 2 to the constitution, which stated that Islamic law is the foundational source of Egyptian legislation, encouraged legal, social, and political trends that marginalized Egyptian minority communities, including the Copts.
Nonetheless, Copts continue to be active in Egyptian political and social life. Egyptian Copts were among the hundreds of thousands who protested during the Arab Spring; powerful images of Copts protecting Muslims praying and Muslims protecting Copts at prayer suggested feelings of nationalist revolutionary solidarity. These feelings were marred in months to come, during which Coptic Churches were targeted by bombings and in October 2011 when a protest against the destruction of a Coptic church in Aswan held in Cairo was attacked by the Egyptian military and police, resulting in twenty-eight deaths. Coptic Egyptians were troubled by the continued rise of Islamist political parties and the presidency of Muhammad Morsi; he and the Muslim Brotherhood demonstrated little sympathy for the rights of religious and other minorities.
Contemporary discourse on Egypt’s Copts is dominated by an assumption that Copts form a monolithic persecuted community, eliding the wide diversity of viewpoints that Copts historically and currently hold. This stereotype is shared by Coptic organizations abroad, which uniformly portray the Copts’ relationship with Muslims and with the Egyptian government as one of disempowerment/power, passivity/oppression, need/neglect, and pacifism/sectarianism. These binaries have their own history. The notion that Copts are inherently separate from Muslims based on their religious identity is a legacy of the millet system used during the Ottoman period in Egypt and elsewhere in the region. Coptic narratives of persecution are grounded in the historical memory of “the Era of Martyrs,” a massacre of hundreds of thousands of Copts beginning in 302 AD under the Emperor Diocletian (which marks the beginning of the Coptic calendar), such that the church acts as the protector of a minority perceived to be under siege throughout its history. The martyrdom narrative is among the most prominent, historically and today, which has sidelined other narratives in which Copts express political or social agency, including the expression of Muslim-Christian national solidarity or in which different Coptic perspectives compete.
[9] Coptic Christianity in Egypt | Religion and Public Life at Harvard Divinity School
I do not accept the applicant’s claim that the Muslim Brotherhood is everywhere in Egypt. An article form 2021 states the Muslim Brotherhood is in hibernation unable to do anything: [10]
But in the summer of 2013, President Mohamed Morsi, a Brotherhood leader, was violently evicted from power by the military. It was a trauma for Islamists and for Egyptian society, and the wounds had still not healed seven years later. But Islamists clearly lost more than the presidency.
First, the political path is simply blocked for now. The uneven but remarkable rise of Islamist electoral movements is nearly completely over.
Second, options to organize society in other ways are diminished. Public activities are now sharply policed; charitable societies have been closed, mosques are more tightly monitored, many people have been arrested or are under surveillance.
Third, organizations like the Brotherhood that straddled the political, religious, and social arenas are in virtual hibernation. Their leaders and members have been imprisoned or forced into exile. Recruiting new members is virtually impossible. And factions have been reduced to bickering. The leadership has been largely quietly persisting in an effort to preserve the shell of the organization for a later date.
Fourth, rebellion is still possible, but only on the margins of Egyptian society, such as the ISIS insurgency in the Sinai Peninsula. But it has provoked a harsh response from the government.
On top of all these difficulties is a nagging fear among Islamists that religiosity in general may be in retreat. At the same time, opponents of Islamist movement may be mistaking mild declines in public signs of piety with any real changes in people’s faith or hearts.
Islamism in Egypt has been dealt a blow, but it is not yet clear if it is fatal. Questions about whether Islamist movements re-emerge - and in what form - may not be answered until the decade or two to come. Many Islamists have always proclaimed that their project is generational in nature. The discovery that they are correct has been a bitter one.
[10] Egypt 2021: The Muslim Brotherhood | Wilson Center
Further DFAT reports the following on the Muslim Brotherhood: [11]
DFAT assesses that Muslim Brotherhood leadership figures and members who continue to pursue political activities actively either within or outside the party structure are highly likely to be arrested and prosecuted. Ordinary inactive members, party supporters and those with family links to members are less likely to be personally targeted, but still face a risk of arrest, prosecution, or dismissal from state employment should their affiliations become known to authorities. All persons with MB links are likely to be subjected to surveillance and monitoring of their activities.
[11] DFAT Country Information Report Egypt 17 June 2019
From all accounts the Muslim Brotherhood is not engaged in political and social life in Egypt, and they are closely monitored by the government. I therefore do not accept that the Muslim Brotherhood are everywhere in Egypt and looking to harm the applicant.
The applicant stated in his original claims that he was at the marketplace and he was wearing a cross, and someone pulled it off him and called him an infidel. However, at the Tribunal hearing he said that it was the Muslim extremists who pulled his necklace off and that they recognised him in the marketplace and called him Haram. He also said his grandmother had a cross on and the same thing happened to her across from her apartment. I do not accept that the applicant was recognised by the Muslim extremists and has his cross pulled off him for the reasons above, I do not accept that the applicant is a high-profile figure who would attract that sort of behaviour. Whether it happened to his grandmother, I cannot say, but since she had no involvement with kidnapped girls, I find it highly unlikely.
The applicant gave the Tribunal a document from the Egyptian Union of Human Rights and claims that they investigated his background and found that he did assist the priest with negotiating with Muslim extremists. I attempted to locate information on the Egyptian Union of Human Rights, and they do not have a website. I could only find one reference to them on the internet. [12] I have therefore placed no weight on the letter or its contents. The applicant also said he asked the priest for a letter about him and his involvement, but he refused as he was scared of putting anything in writing. I also put little weight to this. There was no statutory declarations or letters from his parents in relation to the Muslim extremists coming to the house, and no letter from his brother attesting to these incidences.
[12] 145 AWR: Article 13, week 18/2001
The applicant claims that President Sisi is silencing people and he is corrupt and he does not protect Coptic Christians. I do not accept this claim as based on the country information President Sisi was welcomed by the Coptic community and has effectively shut down the Muslim Brotherhood. DFAT states:
Most Christians viewed the post-2011 Revolution ascendency of the Muslim Brotherhood with considerable apprehension. They regarded the Morsi government’s removal and the restoration of general law and order as a cause for relief, and strongly supported the ascendency of Sisi to the presidency. Many Christians and representatives of other minority faiths report that while things could always improve, they generally consider themselves better protected under President Sisi than previous Egyptian leaders. Christian religious authorities have consistently expressed appreciation for Sisi’s public messaging which has called upon Egyptians to place national unity above religious differences, and for his personal example: in 2015, Sisi became the first Egyptian head of state to attend Christmas mass at the St. Mark’s Cathedral in Cairo and has attended every year since. Sisi has actively engaged with the Christian community, declaring days of national mourning or calling personally on Pope Tawadros to express his condolences following DFAT Country Information Report Egypt 21 terrorist attacks against Christians (see Security Situation). Local sources report that Christians generally remain strong supporters of Sisi, although (like other Egyptians) their initial enthusiasm has waned due to the lack of economic improvement and ongoing social difficulties in Egypt. [13]
[13] DFAT Country Information Report Egypt 17 June 2019
Overall country information does not support the applicant’s contention that he faces persecution based on being a Coptic Christian in Egypt. DFAT finds the following:
DFAT assesses that Christians face a moderate risk of discrimination that is more likely to be societal than official in nature and is likely to vary considerably according to geographic location. Christians, particularly in rural areas, may face difficulty in obtaining justice through legal means (see Judiciary). Despite the lack of any official policy of discrimination, Christians remain less likely than Muslims to be able to achieve senior positions in institutions such as the civil service, military and security services, and universities.

The applicant claims that churches are burnt down and then reported that there was an electrical fire to cover it up. DFAT reports that the issue of church building has always been contentious. [14]
Construction and Restoration of Churches
3.18 Church building is one of the most sensitive communal issues in Egypt. It has traditionally been very difficult to build a new church in Egypt, as local authorities have imposed convoluted processes to request permission and then ultimately refused the building permit. In contrast, the law does not stipulate any government role in reviewing the number or size of mosques, and no approval is required for mosque renovation. DFAT understands that there are approximately 2,800 registered churches throughout Egypt, compared to nearly 110,000 mosques.
3.18 In August 2016, the parliament passed law 80/2016 required by Article 235 of the constitution to allow Christians to build and renovate churches. The law requires the size of a church to be ‘commensurate with’ the number of Christians in the area. Because there are no official statistics in relation to the size of religious communities, determining the size of local Christian communities is difficult and most likely arbitrary. The power to approve requests is exercised by local governors, who must respond to a request to build or renovate a church within 120 days. Refusals must include a written justification. There are no appeal mechanisms.
3.19 Local contacts have reported that the 2016 law was welcome, but that implementation at the local level had been problematic in some areas. These contacts reported that the Coptic Church had presented requests for over 2,500 existing unlicensed churches and affiliated buildings following the passing of the law, but (as of October 2018) authorities had only approved around 200 applications. Local sources report that authorities had refused to grant permits in sensitive areas (including the Upper Egypt cities of Minya, Luxor, and Esna) due to strong opposition from local Muslims and had closed up to twelve churches in these cities in defiance of the new law. In less sensitive areas, however, authorities had granted permits for around fifty new churches to be built and had made large areas of previously uninhabited land available. The Ministry of Housing also reportedly issued an order in January 2018 permitting Christians to practice their religious rites at unlicensed churches pending the legislation of their status. Local media and some international religious publications have reported that the government has recently approved the construction of up to 170 new churches. President Sisi inaugurated a new cathedral outside Cairo in January 2019 (the largest cathedral in the Middle East).
3.20 The government has rebuilt a number of churches and other church-owned properties destroyed or damaged in mob violence in 2013. The Saints Peter and Paul Church in Cairo was also repaired after a December 2016 suicide bombing that killed twenty-nine people (see Security Situation). The government has funded a church in al-Our village in Minya in honour of 20 Copts beheaded by an Islamic State-affiliated militant in Libya. In Alexandria, the main synagogue is undergoing extensive renovations paid for by the Egyptian Government (estimated USD $5 million) with a renovation team comprised of technical specialists.
[14] DFAT Country Information Report Egypt 17 June 2019
Conclusion
On the basis of the applicant’s oral and written evidence I find the applicant will not face a real chance of serious harm on the basis of his religion as a Coptic Christian. Therefore, I am not satisfied that the applicant has a well-founded fear of persecution as required by s 5J of the Act and therefore I find the applicant is not a refugee within the meaning of s 5H.
For the reasons above I find the applicant does not face a real chance of persecution for any reason upon return to Egypt.
Nor do I accept that there are grounds for believing that as a necessary and foreseeable consequence of being returned to Egypt, there is a real risk that the applicant will suffer significant harm from Muslim extremists, the authorities or the community as a Coptic Christian or for any other reason. I accept that the applicant has never really lived in Egypt and does not want to go there, but I am not satisfied this constitutes significant harm. I am therefore not satisfied that the applicant meets the alternative provisions in s 36(2)(aa) of the Migration Act.
There is no suggestion that the applicant satisfies s 36(2) on the basis of being a member of the same family unit as a person who satisfies s 36(2)(a) or (aa) and who holds a protection visa. Accordingly, the applicant does not satisfy the criterion in s 36(2).
decision
The Tribunal affirms the decision not to grant the applicant a protection visa.
Nora Lamont
Member

Attachment - Extract from Migration Act 1958
5 (1) Interpretation
…
cruel or inhuman treatment or punishment means an act or omission by which:
(a)     severe pain or suffering, whether physical or mental, is intentionally inflicted on a person; or
(b)     pain or suffering, whether physical or mental, is intentionally inflicted on a person so long as, in all the circumstances, the act or omission could reasonably be regarded as cruel or inhuman in nature;
but does not include an act or omission:
(c)     that is not inconsistent with Article 7 of the Covenant; or
(d)     arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
…
degrading treatment or punishment means an act or omission that causes, and is intended to cause, extreme humiliation which is unreasonable, but does not include an act or omission:
(a)     that is not inconsistent with Article 7 of the Covenant; or
(b)     that causes, and is intended to cause, extreme humiliation arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
…
torture means an act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person:
(a)     for the purpose of obtaining from the person or from a third person information or a confession; or
(b)     for the purpose of punishing the person for an act which that person or a third person has committed or is suspected of having committed; or
(c)     for the purpose of intimidating or coercing the person or a third person; or
(d)     for a purpose related to a purpose mentioned in paragraph (a), (b) or (c); or
(e)     for any reason based on discrimination that is inconsistent with the Articles of the Covenant;
but does not include an act or omission arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.
…
receiving country, in relation to a non-citizen, means:
(a)     a country of which the non-citizen is a national, to be determined solely by reference to the law of the relevant country; or
(b)     if the non-citizen has no country of nationality—a country of his or her former habitual residence, regardless of whether it would be possible to return the non-citizen to the country.
…
5H    Meaning of refugee
(1)For the purposes of the application of this Act and the regulations to a particular person in Australia, the person is a refugee if the person is:
(a)     in a case where the person has a nationality – is outside the country of his or her nationality and, owing to a well-founded fear of persecution, is unable or unwilling to avail himself or herself of the protection of that country; or
(b)     in a case where the person does not have a nationality – is outside the country of his or her former habitual residence and owing to a well-founded fear of persecution, is unable or unwilling to return to it.
Note:     For the meaning of well-founded fear of persecution, see section 5J.
…
5J     Meaning of well-founded fear of persecution
(1)For the purposes of the application of this Act and the regulations to a particular person, the person has a well-founded fear of persecution if:
(a)     the person fears being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion; and
(b)     there is a real chance that, if the person returned to the receiving country, the person would be persecuted for one or more of the reasons mentioned in paragraph (a); and
(c)     the real chance of persecution relates to all areas of a receiving country.
Note:     For membership of a particular social group, see sections 5K and 5L.
(2)A person does not have a well-founded fear of persecution if effective protection measures are available to the person in a receiving country.
Note:     For effective protection measures, see section 5LA.
(3)A person does not have a well-founded fear of persecution if the person could take reasonable steps to modify his or her behaviour so as to avoid a real chance of persecution in a receiving country, other than a modification that would:
(a)     conflict with a characteristic that is fundamental to the person’s identity or conscience; or
(b)     conceal an innate or immutable characteristic of the person; or
(c)     without limiting paragraph (a) or (b), require the person to do any of the following:
(i)alter his or her religious beliefs, including by renouncing a religious conversion, or conceal his or her true religious beliefs, or cease to be involved in the practice of his or her faith;
(ii)conceal his or her true race, ethnicity, nationality or country of origin;
(iii)alter his or her political beliefs or conceal his or her true political beliefs;
(iv)conceal a physical, psychological or intellectual disability;
(v)enter into or remain in a marriage to which that person is opposed, or accept the forced marriage of a child;
(vi)alter his or her sexual orientation or gender identity or conceal his or her true sexual orientation, gender identity or intersex status.
(4)If a person fears persecution for one or more of the reasons mentioned in paragraph (1)(a):
(a)     that reason must be the essential and significant reason, or those reasons must be the essential and significant reasons, for the persecution; and
(b)     the persecution must involve serious harm to the person; and
(c)     the persecution must involve systematic and discriminatory conduct.
(5)Without limiting what is serious harm for the purposes of paragraph (4)(b), the following are instances of serious harm for the purposes of that paragraph:
(a)     a threat to the person’s life or liberty;
(b)     significant physical harassment of the person;
(c)     significant physical ill‑treatment of the person;
(d)     significant economic hardship that threatens the person’s capacity to subsist;
(e)     denial of access to basic services, where the denial threatens the person’s capacity to subsist;
(f)     denial of capacity to earn a livelihood of any kind, where the denial threatens the person’s capacity to subsist.
(6)In determining whether the person has a well‑founded fear of persecution for one or more of the reasons mentioned in paragraph (1)(a), any conduct engaged in by the person in Australia is to be disregarded unless the person satisfies the Minister that the person engaged in the conduct otherwise than for the purpose of strengthening the person’s claim to be a refugee.
5K    Membership of a particular social group consisting of family
For the purposes of the application of this Act and the regulations to a particular person (the first person), in determining whether the first person has a well‑founded fear of persecution for the reason of membership of a particular social group that consists of the first person’s family:
(a)     disregard any fear of persecution, or any persecution, that any other member or former member (whether alive or dead) of the family has ever experienced, where the reason for the fear or persecution is not a reason mentioned in paragraph 5J(1)(a); and
(b)     disregard any fear of persecution, or any persecution, that:
(i)the first person has ever experienced; or
(ii)any other member or former member (whether alive or dead) of the family has ever experienced;
where it is reasonable to conclude that the fear or persecution would not exist if it were assumed that the fear or persecution mentioned in paragraph (a) had never existed.
Note:     Section 5G may be relevant for determining family relationships for the purposes of this section.
5L    Membership of a particular social group other than family
For the purposes of the application of this Act and the regulations to a particular person, the person is to be treated as a member of a particular social group (other than the person’s family) if:
(a)     a characteristic is shared by each member of the group; and
(b)     the person shares, or is perceived as sharing, the characteristic; and
(c)     any of the following apply:
(i)the characteristic is an innate or immutable characteristic;
(ii)the characteristic is so fundamental to a member’s identity or conscience, the member should not be forced to renounce it;
(iii)the characteristic distinguishes the group from society; and
(d)     the characteristic is not a fear of persecution.
5LA Effective protection measures
(1)For the purposes of the application of this Act and the regulations to a particular person, effective protection measures are available to the person in a receiving country if:
(a)     protection against persecution could be provided to the person by:
(i)the relevant State; or
(ii)a party or organisation, including an international organisation, that controls the relevant State or a substantial part of the territory of the relevant State; and
(b)     the relevant State, party or organisation mentioned in paragraph (a) is willing and able to offer such protection.
(2)A relevant State, party or organisation mentioned in paragraph (1)(a) is taken to be able to offer protection against persecution to a person if:
(a)     the person can access the protection; and
(b)     the protection is durable; and
(c)     in the case of protection provided by the relevant State—the protection consists of an appropriate criminal law, a reasonably effective police force and an impartial judicial system.
…
36     Protection visas – criteria provided for by this Act
…
(2)A criterion for a protection visa is that the applicant for the visa is:
(a)     a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the person is a refugee; or
(aa) a non-citizen in Australia (other than a non-citizen mentioned in paragraph (a)) in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of the non-citizen being removed from Australia to a receiving country, there is a real risk that the non-citizen will suffer significant harm; or
(b)     a non-citizen in Australia who is a member of the same family unit as a non-citizen who:
(i)is mentioned in paragraph (a); and
(ii)holds a protection visa of the same class as that applied for by the applicant; or
(c)     a non-citizen in Australia who is a member of the same family unit as a non-citizen who:
(i)is mentioned in paragraph (aa); and
(ii)holds a protection visa of the same class as that applied for by the applicant.
(2A)A non‑citizen will suffer significant harm if:
(a)     the non‑citizen will be arbitrarily deprived of his or her life; or
(b)     the death penalty will be carried out on the non‑citizen; or
(c)     the non‑citizen will be subjected to torture; or
(d)     the non‑citizen will be subjected to cruel or inhuman treatment or punishment; or
(e)     the non‑citizen will be subjected to degrading treatment or punishment.
(2B)However, there is taken not to be a real risk that a non‑citizen will suffer significant harm in a country if the Minister is satisfied that:
(a)     it would be reasonable for the non‑citizen to relocate to an area of the country where there would not be a real risk that the non‑citizen will suffer significant harm; or
(b)     the non‑citizen could obtain, from an authority of the country, protection such that there would not be a real risk that the non‑citizen will suffer significant harm; or
(c)     the real risk is one faced by the population of the country generally and is not faced by the non‑citizen personally.
…

[2022] AATA 4055

23 September 2022

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