2104473 (Refugee)

This matter concerned an application for a protection visa by a white South African national. The applicant claimed to fear persecution in South Africa due to the high crime rate, specifically targeting white farmers, and alleged a system of "reverse apartheid" that would prevent police protection. He also raised concerns about the risk of contracting COVID-19 due to poor healthcare services, potential hostility from the public due to his Australian criminal conviction for possessing child exploitation material, and an inability to obtain employment due to discriminatory laws and his criminal record, leading to destitution. The case was heard by the Tribunal.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one or more of the five prescribed reasons under s.5J of the Migration Act 1958 (Cth), or, alternatively, whether there were substantial grounds for believing that his removal to South Africa would result in a real risk of significant harm. This involved assessing the applicant's claims against the relevant legal criteria, including the definition of a refugee, well-founded fear of persecution, and the availability of effective protection measures in South Africa. The Tribunal also considered the impact of the applicant's criminal conviction on his potential treatment and safety upon return.

The Tribunal affirmed the decision not to grant the protection visa. It found that the applicant did not meet the criterion for being a refugee under s.36(2)(a) of the Act. Furthermore, the Tribunal was not satisfied that Australia had protection obligations under the alternative criterion in s.36(2)(aa), meaning it did not find substantial grounds to believe that the applicant faced a real risk of significant harm as a necessary and foreseeable consequence of removal to South Africa. Consequently, the Tribunal affirmed the decision to refuse the protection visa.