2109837 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa. The applicants, who arrived in Australia on false passports in December 2010, comprised a married couple and their three Australian-born children. The Federal Court had previously dismissed an application for review of the decision, and the claims of the first and fourth named applicants were to be assessed under s 36(2)(aa), (b), and (c) of the Migration Act 1958 (Cth), while their children's claims were to be assessed against s 36(2)(a), (aa), (b), and (c).

The primary legal issues before the court were whether the applicants had established a well-founded fear of persecution for a Convention reason, specifically political opinion, and whether they could be protected by internal relocation within Albania. The applicants contended that the fourth named applicant's alleged involvement with the Christian Democratic Party placed him at risk of persecution. Additionally, the first named applicant raised a claim based on a blood feud arising from her alleged role in facilitating a relationship between her cousin and a man from a different religious background, which ultimately led to her cousin's suicide and subsequent threats against the applicant and her unborn child.

The court considered the evidence presented, including statutory declarations and country information. It noted that the claims regarding the fourth named applicant's political involvement were not accepted as credible by the Refugee Review Tribunal, and no legal error was found in that decision by the Federal Circuit or Federal Court. Regarding the blood feud claim, the court examined the detailed account provided by the first named applicant concerning her cousin's relationship, subsequent marriage, suicide, and the ensuing threats from the cousin's father and his family. The court acknowledged the traditional customs in northern Albania, including arranged marriages and the concept of blood feuds, as described in the applicant's evidence. However, the court found that the evidence did not establish that the threats made by the cousin's father were of such a nature that they would be carried out by the Albanian authorities or that the authorities would be unable or unwilling to protect the applicants. The court also considered the possibility of internal relocation, but the evidence did not demonstrate that relocation would not be a reasonable option for the applicants.

The court affirmed the decision to refuse the protection visa.