1930000 (Refugee)

1930000 (REFUGEE) [2025] ARTA 753 (10 MARCH 2025)

DECISION AND  

REASONS FOR DECISION

Representative:  Mr Edward Von-Shoostov Nalbandian

Respondent:Minister for Immigration and Multicultural Affairs

Tribunal Number:  1930000

Tribunal:General Member R Guemy

Date:10 March 2025

Place:Sydney

Decision:The Tribunal affirms the decision under review.

Statement made on 10 March 2025 at 2:19pm

CATCHWORDS
REFUGEE – protection visa – Lebanon – socio-economic and internal and external security conditions and human rights – religion – Shia Muslim – no political affiliation – fear of forced recruitment by armed forces or Hezbollah – family home recently destroyed and family relocated – country information – possibility of harm in home area speculative – economic conditions not systematic and discriminatory – request for referral for ministerial consideration – strong compassionate circumstances – Australian citizen wife and child, and business employing Australian citizens – wife’s physical and mental health – matter referred – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), ss 5AAA, 5H(1)(a), 5J(1), (4)(b), (c), (5), 36(2)(a), (aa), (b), (2A), 65
Migration Regulations 1994 (Cth), Schedule 2

CASES
Chan Yee Kin v MIEA [1989] HCA 62
Randhawa v MILGEA [1993] FCA 592
Selvadurai v MIEA [1994] 34 ALD 347
SZLJK v MIAC [2008] FMCA 694
SZNWA v MIAC [2010] FCA 470

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 369 of the Migration Act 1958 and replaced with generic information.

STATEMENT OF REASONS

BACKGROUND

1. The applicant, a [Age]year old male and citizen of Lebanon. He last entered Australia [in] February 2016. He applied for a protection visa on 11 September 2017.

   CLAIMS AND EVIDENCE

   Evidence given to the Department

2. The applicant provided a copy of the bio page of his Lebanese passport issued on [date].

3. In his written protection visa application the applicant claimed that:

   i.He left Lebanon to escape from the all the war, inhumanity and lack of human rights;

   ii.He had experienced psychological harm from unjust people in Lebanon;

   iii.Lebanon is a corrupt country and nobody there can or is willing to help;

   iv.He did not have anywhere else to go;

   v.He would be mistreated by people in Lebanon who are inhuman and unjust and will not have any human rights or freedom there;

   vi.The authorities in Lebanon are corrupt and nobody could protect him; and

   vii.The entire country is the same and there is nowhere safe to go.

4. The applicant’s former representative provided  written submissions outlining the applicant’s personal background and Australian visa history, and also referring to country information from Human Rights Watch, Al Jazeera and the Australian Government Smart Traveller website about the security situation in Lebanon. She also provided various links to online information about Lebanon.

5. The applicant also provided a statement in support of his written claims which outlined the following:

   i.His personal background, including his previous relationship with an Australian citizen which was the subject of an unsuccessful partner visa application;

   ii.How his fear of returning to Lebanon led to the breakdown…