2000236 (Refugee)

The applicant, a Shi’a Muslim from Iraq, sought review of the Tribunal's decision to affirm the refusal of his protection visa. The dispute centred on whether the applicant faced a real risk of significant harm if returned to Iraq, based on his claims of family danger arising from his brother's actions.

The court was required to determine if the applicant met the criteria for a protection visa under section 36(2) of the Migration Act 1958, specifically whether he was a refugee or faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Iraq, pursuant to sections 36(2)(a) and 36(2)(aa) respectively. The court also considered the meaning of "significant harm" as defined in section 36(2A) and the circumstances under which a real risk of such harm would not be found, as outlined in section 36(2B).

The court affirmed the Tribunal's decision, finding that the applicant had not established a well-founded fear of persecution or a real chance of suffering significant harm. The court noted the lack of credible evidence to support the applicant's claims regarding the alleged threats to his family and himself. Specifically, the translated Arabic document was considered unclear, and the provided police ID was not sufficient to corroborate the asserted danger. The court concluded that the applicant had not demonstrated that he would face a real risk of serious or significant harm upon return to Iraq.