1902540 (refugee)

This matter concerned an application for review of a decision not to grant the applicant a protection visa. The applicant, an Irish citizen and European Union national, claimed to have been the victim of two assassination attempts in Ireland, which he attributed to the former partner of his then-girlfriend, a career criminal with an extensive network. The applicant asserted that he was in danger from this individual and required protection in Australia.

The court was required to determine whether the applicant had established a well-founded fear of persecution or significant harm, and whether Australia was the appropriate country to grant protection. Specifically, the court considered the applicant's right to enter and reside in a third country, the relevance of his EU citizenship, and the practicalities of his ability to move freely within the EU. The court also had to assess the credibility of the applicant's claims regarding the threats and attacks, and the extent of the danger he faced from the former partner.

The court affirmed the delegate's decision, finding that while the applicant had provided evidence of being shot and facing danger, he had not demonstrated that he could not obtain protection in Ireland or another EU country. The court noted that the applicant's EU citizenship afforded him the right to move and reside freely within the EU, albeit with certain limitations and requirements. The court found that the applicant had not taken sufficient steps to avail himself of these rights and had not established that he would face significant harm in every EU country. The court also considered that the applicant's relationship with the woman had ceased, and there were no further threats or harm to his family in his home country.

The decision under review was affirmed, meaning the applicant was not granted a protection visa.