2013362 (Refugee)

The Administrative Appeals Tribunal reviewed a delegate's decision to refuse the applicant a protection visa. The applicant, a gay Muslim man, claimed he could not live openly in Singapore due to societal attitudes and potential negative consequences, including during mandatory reservist national service. He also sought to plan a future in Australia with his boyfriend.

The Tribunal was required to determine whether the applicant had established a well-founded fear of persecution or a real risk of suffering significant harm as a necessary and foreseeable consequence of being removed to Singapore. This involved assessing whether the applicant belonged to a particular social group, the extent of harm he might face, and the availability of effective protection in Singapore.

The Tribunal affirmed the delegate's decision, finding that while the applicant had experienced a difficult adolescence and was aware of Singapore's laws regarding same-sex relations, these laws were generally not enforced. The Tribunal noted evidence of an active LGBTQI+ community in Singapore and the annual Pink Dot festival, indicating that the community was visible and advocating for equality. Regarding the applicant's concerns about reservist national service, the Tribunal found that any potential criticism or discussion from peers about his sexual orientation was unlikely to amount to serious harm. Furthermore, the Tribunal was not satisfied that there were substantial grounds for believing that the applicant faced a real risk of significant harm upon return to Singapore, considering the possibility of internal relocation and the general approach of Singaporean authorities.