1911358 (Refugee)

The applicant, an Iraqi national, sought a protection visa, claiming he feared persecution upon return to Iraq due to his identity as a secular, educated, professional Sunni Muslim who had worked for Western companies. The dispute concerned whether the applicant met the criteria for a protection visa, specifically the refugee criterion under section 36(2)(a) of the Migration Act 1958 (Cth). The matter was heard by the Administrative Appeals Tribunal, with Member Amanda Paxton presiding.

The Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by section 5J of the Migration Act. This involved assessing whether the applicant's fear of harm from fundamentalist Shi'a militia and other groups was credible and whether he could access effective protection within Iraq. The Tribunal also considered the complementary protection criterion under section 36(2)(aa) as an alternative basis for granting the visa.

The Tribunal considered the applicant's claims in light of country information and relevant guidelines. It accepted the applicant's identity and that Iraq was his country of reference. The Tribunal found that the applicant satisfied the criterion for being a refugee under section 36(2)(a) of the Act, based on his well-founded fear of persecution. Consequently, it was unnecessary to consider the complementary protection criterion.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Act.