1910176 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a protection visa. The applicant claimed to fear persecution in Iraq due to his Shi'a religion and an alleged inter-tribal dispute. The AAT was required to determine whether the applicant met the criteria for a protection visa, including the complementary protection criterion, and whether his fear of harm was well-founded and not general.

The Tribunal examined the applicant's claims and the evidence provided, noting significant inconsistencies and a lack of specific details. The applicant struggled to provide information about his relatives, claiming lost documents and an inability of his father to communicate directly with the Tribunal. He expressed a general fear of harm but could not articulate why he, specifically, would be targeted, even after being prompted to explain his individual risk beyond a general danger in Iraq. The Tribunal also considered the applicant's assertion that ISIS targets Shi'a Muslims, but noted the declaration of victory over ISIS in Iraq and the applicant's lack of evidence for this claim.

In its reasoning, the Tribunal applied the principles outlined in Ministerial Direction No. 56, referencing relevant policy guidelines and country information. It found that the applicant's claims were vague and not supported by credible evidence. The Tribunal highlighted that a general fear of danger in a country is insufficient for a protection visa; the applicant must demonstrate a real chance of being persecuted for a Convention reason, and that this risk is personal. The applicant's inability to provide specific details about who might harm him, why, and the lack of evidence for his claims, particularly concerning his religion and the historical nature of the alleged threat, led the Tribunal to conclude that he had not established a well-founded fear of persecution.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the Migration Act 1958.