1916833 (Refugee)

The applicant, a man from Baghdad, sought review of a decision not to grant him a protection visa. He claimed to fear harm from the Asaib Ahl al Haq (AAH) militia due to his refusal to join the group, which he alleged had confronted and physically abused him. The applicant also asserted that he could not seek protection from the police or army, as these entities were unable to protect him from such groups.

The primary legal issue before the court was whether the applicant had established a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as required by section 5J of the *Migration Act 1958* (Cth). This involved assessing the credibility of the applicant's claims and considering whether any claimed persecution would involve serious harm and be systematic and discriminatory. The court also had to consider whether effective protection measures were available to the applicant in Iraq, or if it would be reasonable for him to relocate within Iraq to avoid any risk.

The court considered the applicant's evidence in light of country information regarding the political and sectarian violence in Iraq and the role of Shia militias, including the AAH. While acknowledging the presence of militias and reports of violence, the court found no evidence that the AAH or other similar groups currently engaged in forced recruitment or used violence for that purpose. The court noted inconsistencies and changes in the applicant's evidence regarding his interactions with the militia and his reasons for lodging previous visa applications. Ultimately, the court concluded that the applicant had not demonstrated a well-founded fear of persecution, nor had he established that he would suffer significant harm as a necessary and foreseeable consequence of being removed from Australia.

The Tribunal affirmed the decision not to grant the applicant a protection visa.