2007085 (Refugee)

The applicant, a male from Bosnia and Herzegovina, sought a protection visa, claiming he fled his home country due to abuse by his father and stepmother. The dispute before the Tribunal concerned whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm upon return to Bosnia and Herzegovina. The applicant had been diagnosed with PTSD and Major Depressive Disorder and was treated as a vulnerable applicant during the proceedings.

The Tribunal was required to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which involves having a well-founded fear of persecution, or under section 36(2)(aa), which concerns a real risk of significant harm as a necessary and foreseeable consequence of removal. This involved assessing the credibility of the applicant's claims of abuse and the likelihood of future harm.

The Tribunal found that the chance of the applicant's father attempting to kill him was remote. While acknowledging the applicant's mental health challenges and past trauma, the Tribunal concluded that his mental health did not impede his ability to participate in the hearing or present his case. Considering the evidence, including the applicant's employment history and his ability to borrow money from friends to travel to Australia, the Tribunal determined that the applicant did not have a well-founded fear of persecution. Furthermore, the Tribunal found no basis for the applicant to satisfy the complementary protection criterion under section 36(2)(aa).

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.