1929817 (Refugee)

This matter concerned an application for a protection visa by a young adult with an intellectual disability, who had been refused the visa by a delegate of the Minister for Home Affairs. The applicant claimed to have suffered extensive verbal and physical abuse in Lebanon due to his disability, including bullying by peers, family, neighbours, and the general public, leading to significant psychological distress and self-harm behaviours. The applicant also asserted a systemic lack of services and high risk of discrimination against persons with disabilities in Lebanon. The Administrative Appeals Tribunal (the Tribunal) reviewed the delegate's decision.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing significant harm as a necessary and foreseeable consequence of removal to Lebanon. The Tribunal was also required to consider the applicant's status as a member of a particular social group and the availability of effective protection in Lebanon, in light of the country information and the applicant's specific circumstances.

The Tribunal found that the delegate's credibility concerns did not undermine the applicant's core claims regarding persecution due to his disability. It accepted that the applicant has a mild intellectual disability, with significant difficulties in adaptive functioning, and that he had been subjected to bullying in Lebanon. The Tribunal noted that individuals with mild intellectual disability experience major effects and significant difficulties with everyday survival skills, problem-solving, planning, and comprehension. It also considered the applicant's total dependency on his parents and determined that his parents were members of the same family unit for the purposes of section 36(2)(b)(i) of the Act.

The Tribunal remitted the matter for reconsideration with directions that the applicant satisfies section 36(2)(a) of the *Migration Act*, and that the other applicants (identified as members of the same family unit) satisfy section 36(2)(b)(i) of the Act, on the basis of their membership in the same family unit as the first applicant.