1928958 (Refugee)

The applicant, a former military cadet from Turkey, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution, leading to Australia having protection obligations under section 36(2)(a) of the *Migration Act 1958* (Cth). The matter was before the Federal Circuit and Family Court of Australia, with Member Sheridan Lee presiding.

The court was required to determine if the applicant's imputed political opinion, arising from his association with the Gulen movement as a military cadet, would result in a real chance of persecution if he were returned to Turkey. Specifically, the court had to consider whether the applicant's past position at the military academy, coupled with the documented persecution of individuals associated with the Gulen movement by Turkish authorities, meant he would face harm, including arrest, detention, torture, or other serious ill-treatment. The court also had to assess whether any such risk was personal to the applicant and not merely a general risk faced by the population.

Member Lee reasoned that while the applicant was not personally involved in the attempted coup, his position as a military cadet at the time meant he could not discount the possibility of harm. The court accepted country information indicating that the Turkish government considered many military students to be affiliated with the Gulen movement and that a significant number of individuals had been detained, arrested, or imprisoned on such grounds. The court found that the applicant would face a real risk of persecution based on an imputed association with the Gulen movement, satisfying the criteria for being a refugee under section 36(2)(a) of the *Migration Act*.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act*.