1911842 (Refugee)

The applicant, a Syrian national, sought a protection visa, claiming he feared arrest, death, or forced conscription if returned to Syria due to his evasion of military service and his Alawite religion. The dispute concerned whether he had a well-founded fear of persecution or a real chance of suffering significant harm upon return to Syria. The matter was before the Tribunal for review of a delegate's decision to refuse the visa.

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, or alternatively, if there was a real risk of significant harm as a necessary and foreseeable consequence of his removal to Syria. This involved assessing the credibility of his claims, considering his migration history, and evaluating the available country information and policy guidelines.

The Tribunal affirmed the delegate's decision, concluding that the applicant had not established a real chance of suffering serious harm. The Tribunal found inconsistencies in his evidence, noting that he had not raised fears of returning to Syria when initially interviewed by a compliance officer and that authorities were unlikely to focus recruitment on older reservists. Furthermore, the applicant had not experienced harm in Syria due to his religion, and his sister and brother-in-law frequently travelled to Syria without incident. The Tribunal also considered that the applicant had not received a conscription notice and had departed Syria before the war escalated. The Tribunal concluded that the applicant's claims appeared fabricated and that he did not satisfy the criteria for a protection visa.