1928635 (Refugee)

The Administrative Appeals Tribunal reviewed a decision not to grant a protection visa to an applicant from Lebanon. The applicant claimed to fear persecution from the family of an individual his brother had shot, leading to a tribal conflict. He further alleged that this family was now targeting him due to his financial success and support of his mother and siblings, following his brother's incapacitation in an accident.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) or (aa) of the Migration Act 1958. This involved assessing whether the applicant was a refugee with a well-founded fear of persecution, or a non-citizen facing a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia. The court also considered the meaning of "significant harm" and the circumstances under which a person would not be considered to face such a risk, as outlined in sections 36(2A) and (2B) of the Act.

The Tribunal considered the applicant's claims regarding the tribal conflict and the targeting by the victim's family. However, it found that the applicant had not established a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. The Tribunal also concluded that the applicant had not demonstrated a real risk of suffering significant harm upon removal from Australia. The Tribunal affirmed the decision not to grant the applicant a protection visa.