2013370 (Refugee)

This matter concerned an application for a Protection Visa by a man whose Global Special Humanitarian visa had been cancelled on character grounds. The applicant, who is from Bor, Jonglei State, South Sudan, claimed to be stateless and not a citizen of South Sudan, asserting his Sudanese citizenship was revoked in 2011. He identified as a Christian of the Dinka tribe and feared returning to South Sudan due to generalised violence, potential forced conscription into a Dinka tribal army, and the risk of being killed or imprisoned by authorities due to his lack of family and support networks and his inability to speak local languages, only Arabic.

The legal issues before the Tribunal were whether the applicant met the refugee criterion under s.36(2)(a) of the Migration Act 1958 (Cth), and if not, whether he was entitled to complementary protection under s.36(2)(aa) of the Act. Complementary protection applies if there are substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, the applicant faces a real risk of suffering significant harm. The Tribunal was required to consider the applicant's claims in light of relevant guidelines and country information.

The Tribunal affirmed the decision under review, concluding that the applicant did not meet the criteria for a Protection Visa. While the applicant's specific offences and sentences were not detailed as they were not material to the refugee and complementary protection assessment, the cancellation of his prior visa on character grounds was a significant factor. The Tribunal considered the applicant's claims of statelessness, tribal affiliation, religious beliefs, and fears of violence and persecution upon return to South Sudan. However, based on the evidence and applicable legal principles, the Tribunal found that the applicant did not establish a well-founded fear of persecution for a Convention reason or a real risk of significant harm upon return to South Sudan.