1911532 (Refugee)

This matter concerned an application for a protection visa by an Iraqi national. The applicant claimed he would face serious harm upon return to Iraq due to his ethnicity as a Faili Kurd, his religion as a Shia Muslim, his need for medical and psychological treatment for various conditions and drug and alcohol abuse, and his status as a returnee from a Western country with criminal convictions. The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) (refugee convention) or the complementary protection criteria under section 36(2)(aa).

The Tribunal considered the applicant's claims individually and cumulatively. Regarding his health needs, the Tribunal found that while mental health services in Iraq are limited, the applicant, as an Iraqi national, would have access to available services commensurate with other citizens, and there was no evidence he would be denied such care. Similarly, concerning drug and alcohol abuse, the Tribunal noted that while Iraq faces challenges with substance misuse, services and support programs exist, and the applicant would have access to them at the same level as other citizens, without denial based on his ethnicity. The Tribunal also addressed the applicant's status as a returnee with criminal convictions, noting that Iraqi law generally prohibits double jeopardy and that offences committed overseas are only tried in Iraq in limited circumstances, none of which applied to the applicant's Australian convictions.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa. It found that the applicant did not face a real chance of serious harm upon return to Iraq for any of the reasons claimed, individually or cumulatively. Consequently, the Tribunal was not satisfied that Australia had protection obligations towards the applicant under either the refugee convention or the complementary protection provisions.