2012790 (Refugee)

The applicant, a South African national, sought a protection visa, claiming he feared persecution from the African National Congress (ANC) due to his political beliefs. The dispute before the Tribunal concerned whether the applicant met the criteria for a protection visa under either s.36(2)(a) (as a refugee) or s.36(2)(aa) (owing to complementary protection obligations) of the *Migration Act 1958* (Cth).

The Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of political opinion, or if there were substantial grounds for believing that his removal from Australia would result in a real risk of significant harm. This involved assessing the applicant's credibility, the nature of his alleged persecution, and the availability of effective protection in South Africa. The Tribunal also considered whether the applicant could reasonably relocate within South Africa to avoid harm or obtain protection from the authorities.

The Tribunal found that the applicant's oral evidence lacked detail and raised credibility concerns. While acknowledging the applicant's claims of past involvement in criminal proceedings where prominent ANC members were convicted, and his assertion that he was persecuted by the South African police, the Tribunal was not satisfied that these claims established a well-founded fear of persecution for political opinion. Furthermore, the Tribunal concluded that there were no substantial grounds to believe the applicant would suffer significant harm as a necessary and foreseeable consequence of his removal to South Africa, particularly noting the possibility of relocation and the general availability of state protection.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not meet the criteria under either s.36(2)(a) or s.36(2)(aa) of the *Migration Act 1958* (Cth).