2014603 (Refugee)

The applicant sought a protection visa, claiming to be a Coptic Christian from Khartoum, Sudan. The dispute concerned whether Australia had protection obligations towards the applicant, given his alleged experiences of discrimination and threats in Sudan. The matter was before the Tribunal for review.

The legal issues before the Tribunal were whether the applicant was a refugee within the meaning of section 36(2)(a) of the *Migration Act 1958* (Cth), or alternatively, whether Australia had protection obligations under the complementary protection criterion in section 36(2)(aa) of the Act. This involved assessing the applicant's claims of persecution based on his religion, his son's disability, and alleged sexual harassment and threats.

The Tribunal accepted that the applicant was a Sudanese national and a practising Coptic Christian. It also accepted that the security situation in Sudan had significantly deteriorated, posing a risk to Christians. The Tribunal considered the applicant's evidence regarding past discrimination and threats, including those directed at his son due to his disability. However, the decision text does not detail the Tribunal's specific findings on each individual claim of harm or its reasoning for remitting the matter.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act*.