2015142 (Refugee)

This matter concerned an application for protection visas by two applicants, one of whom claimed to fear physical harm from illegal Muslim migrants in Slovenia due to his Catholic religion. The court was asked to review the decision of the delegate not to grant the protection visas.

The primary legal issue before the court was whether the applicants met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth). This involved determining if either applicant was a refugee under section 36(2)(a) due to a well-founded fear of persecution, or if they qualified for complementary protection under section 36(2)(aa) by facing a real risk of significant harm upon removal to Slovenia. The court also considered whether the secondary applicant, who did not raise her own claims, could be granted a visa as a family member.

The court applied the definitions of "refugee" and "well-founded fear of persecution" as set out in sections 5H and 5J of the Act. It noted that a well-founded fear requires a fear of persecution for specific reasons, a real chance of such persecution, and that this chance relates to all areas of the receiving country. The court also considered the complementary protection criterion, which requires substantial grounds for believing there is a real risk of significant harm as a necessary and foreseeable consequence of removal. The court found that neither applicant satisfied the criteria for a protection visa, and there was no suggestion that the secondary applicant qualified as a family member.

Consequently, the Tribunal affirmed the decision not to grant the applicants protection visas.