1902600 (Refugee)

The case involved an applicant seeking a protection visa for Australia, claiming a well-founded fear of persecution upon return to Myanmar. The applicant asserted persecution based on his statelessness, Muslim religion, Rohingya ethnicity, and status as a failed asylum seeker. The decision under review was made by the delegate, 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) (the refugee criterion) or the complementary protection criterion under section 36(2)(aa). This involved determining the applicant's nationality, ethnicity, and religion, and assessing the risks he would face if returned to Myanmar, considering his past experiences, including detention and imprisonment for lacking identification.

The Tribunal found the applicant to be a credible witness and accepted his claims that he is a stateless Muslim of mixed Rohingya and Karen ethnicity from Myanmar. It also accepted his past experiences of detention and ill-treatment in Myanmar due to his lack of identification. The Tribunal considered country information, including a DFAT report, which indicated that stateless persons in Myanmar are denied fundamental rights and basic services. The Tribunal concluded that the decision under review should be remitted for reconsideration, implying that the applicant may be owed protection.