2115044 (Refugee)

This matter concerned an application for a protection visa by a man from the Republic of North Macedonia. The applicant claimed he feared hostilities from his ex-partner if he returned to his home country. The Tribunal was required to determine whether Australia had protection obligations towards the applicant.

The central legal issue was whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth). This involved assessing whether the applicant had a well-founded fear of persecution for reasons of membership of a particular social group, or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, he would suffer significant harm. The applicant's claim was based on his secret marriage to his cousin, which he asserted brought shame upon his family and led to threats from his father.

The Tribunal considered the applicant's relationship with his cousin, their secret marriage in 2013, and subsequent marital problems leading to separation and divorce. It noted that the applicant's father had initially expressed anger and shame regarding the marriage, but later reconciled with the applicant, even changing his surname to distance himself from the family's disapproval. The Tribunal also took into account country information and relevant guidelines. Ultimately, the Tribunal found that the applicant did not satisfy the criteria for a protection visa, specifically that he did not have a well-founded fear of persecution or face a real risk of significant harm upon return to North Macedonia.

The Tribunal affirmed the decision not to grant the applicant a protection visa.