2107530 (Refugee)

This case concerned an appeal by Mrs A and her son, Mr F, against the decision of the Department not to grant them protection visas. The applicants, citizens of Albania, claimed they feared persecution from a neighbour, Mr G, and his family due to a land dispute. Mrs A alleged that Mr G had shot her husband in 2013 over family land and that she and her son would be killed if they remained in Albania, particularly if they left her parents' home in Tirana.

The primary legal issue before the court was whether the applicants had established a well-founded fear of persecution, as defined by section 5H(1)(a) of the Migration Act 1958 (Cth), or a real risk of significant harm under the complementary protection criterion in section 36(2)(aa) of the Act. This required the court to assess the credibility of the applicants' claims, consider the availability of protection within Albania, and determine if any claimed fear was based on reasons recognised under the Act, such as political opinion, race, religion, or membership of a particular social group.

The court found that the applicants had not established a well-founded fear of persecution. It noted credibility concerns, including the lack of response to information provided under section 424A of the Act. The court did not accept that there was any form of blood feud or ongoing threat from Mr G or his family that would constitute persecution. Furthermore, the court considered that the applicants could reasonably relocate within Albania to an area where they would not face significant harm, and that effective protection measures were available through the Albanian authorities. As the applicants did not meet the criteria for a protection visa under section 36(2)(a) or 36(2)(aa), they also failed to satisfy the criteria under section 36(2)(b) or (c).

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