2117325 (Refugee)

This matter concerned an application for review of a decision to refuse to grant the applicant a protection visa. The applicant, a citizen of Sudan, had previously held a global humanitarian visa which was later cancelled on character grounds. Following the cancellation, the applicant applied for a protection visa, which was refused by a delegate of the Minister. The applicant then sought review of this refusal decision before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant would be a refugee within the meaning of the *Migration Act 1958* (Cth) if returned to Sudan. This involved assessing whether the applicant had established claims for protection based on membership of particular social groups, including those with mental health issues, alcohol and drug addictions, specific ethnic affiliations (Dinka and Nuba tribes), imputed political opinions due to ethnicity, religious differences with his partners and children, his status as a failed asylum seeker, and the prospect of homelessness and denial of basic services upon return. The Tribunal also considered the applicant's credibility and the material provided in support of his claims.

In its reasoning, the Tribunal applied Ministerial Direction No. 84 and relevant guidelines concerning refugee and complementary protection. It carefully considered the applicant's particularised claims, which included fears of harm stemming from his mental health and addiction issues, his Nuba and Dinka ethnicity, imputed anti-government sentiment, his Muslim faith in relationships with Christian partners and their interracial children, and his potential status as a homeless individual unable to access essential services or earn a livelihood. The Tribunal assessed the evidence presented, including a comprehensive "Court Book" compiled by the applicant, to determine if these claims established a well-founded fear of persecution or significant harm.

The Tribunal affirmed the decision to refuse to grant the protection visa.