2007530 (Refugee)

This case concerned an application for protection visas by two Iraqi citizens. The applicants claimed they had become targets due to the second applicant's involvement with the Civil Democratic Alliance (CDA) and his secular views, which led to threats from extremist groups, the destruction of his business, and fears of killing and kidnapping for the first applicant. The applicants asserted that the Iraqi authorities were corrupt and unable to provide protection.

The primary legal issues before the Tribunal were whether the applicants met the definition of a refugee under section 5H of the Migration Act 1958, or alternatively, whether they were entitled to complementary protection due to a real risk of significant harm upon removal from Australia, as outlined in section 36(2)(aa) of the Act. The Tribunal was required to assess the credibility and substance of the applicants' claims in light of the evidence provided and relevant country information.

The Tribunal considered the applicants' claims in accordance with Ministerial Direction No. 84 and relevant guidelines. It noted that the onus was on the applicants to establish their case with sufficient evidence, and that the Tribunal was not obliged to make their case for them or accept allegations uncritically. Despite being invited to provide oral evidence and further documentation, the applicants declined to do so and ultimately advised the Tribunal that they did not meet the criteria for the visa. Consequently, the Tribunal was not satisfied that the applicants met the criteria for a protection visa under section 36(2)(a) or (aa) of the Act.

The Tribunal affirmed the decision not to grant the applicants protection visas.