1919661 (Refugee)

This matter concerned an application for a protection visa by a Jordanian national. The applicant claimed he feared being killed if returned to Jordan due to his Christian faith, a blood feud with a specific family, and a dispute with his ex-fiancé’s family stemming from alleged insults to Islam and the Prophet Muhammad. He also raised concerns about his health and inability to access essential services.

The court was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason, or if he met the complementary protection criterion due to a real risk of significant harm upon removal from Australia. This involved assessing the credibility of the applicant's claims in light of the evidence presented and relevant country information.

The Tribunal found the applicant's evidence lacked credibility and that he had fabricated his claims to obtain a protection visa. While accepting the applicant was Christian, the Tribunal did not accept his claims about studying to be a priest or his likelihood of proselytising. The Tribunal also found no credible evidence of a blood feud or that the applicant's ex-fiancé's family possessed a recording of him insulting Islam. Furthermore, the Tribunal was not satisfied that the applicant faced a real risk of significant harm, noting the lack of specific evidence supporting his claims of persecution or inability to access essential services. The Tribunal applied the principles of assessing well-founded fear of persecution and the complementary protection criterion, considering the need for effective protection measures and the possibility of modifying behaviour to avoid persecution.

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