2008175 (Refugee)

The applicant, an Albanian citizen, sought a protection visa in Australia. The dispute centred on his claims of a well-founded fear of persecution in Albania due to his imputed political opinions stemming from his father's anti-communist past, a land dispute, and his conversion to Islam. The case was heard by the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he was a refugee with a well-founded fear of persecution, or if he faced a real risk of significant harm upon removal to Albania. Key issues included the applicant's alleged statelessness, the credibility of his claims regarding a land dispute involving powerful figures, the genuineness of his fear of persecution based on imputed political opinion, and the impact of his claimed conversion to Islam. The Tribunal also considered the significant delay in the applicant's application for a protection visa.

The Tribunal found that the applicant was an Albanian citizen and that Albania was his receiving country. It placed significant weight on the applicant's substantial delay in applying for a protection visa, finding no plausible explanation. While accepting the existence of a land dispute, the Tribunal found the applicant's evidence regarding its political dimension and the involvement of powerful figures to be vague and unpersuasive, noting it appeared to be a dispute involving family members and was being addressed through the Albanian legal system. The Tribunal also found no credible evidence that the applicant's citizenship was revoked or that he held imputed political opinions that would place him at risk. His claims regarding religious persecution were dismissed, particularly as Islam is a majority religion in Albania and the applicant stated he did not identify as a practicing Muslim and did not fear harm on that basis. The Tribunal concluded that the applicant did not face a real chance of serious harm or significant harm upon return to Albania.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the Migration Act 1958.