2118020 (Refugee)

This case concerned an application for review of a decision to cancel a protection visa. The applicant, a Sunni Muslim man from Iraq, claimed he feared harm upon return to Iraq due to his inter-sect marriage to a Shia woman, threats from his former wife's family, and the killing of a friend whose family blamed him for his death. He also claimed fear of harm from Shias generally and the Iraqi government. The applicant had previously been accepted as a refugee in a third country and arrived in Australia on a humanitarian visa.

The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for a protection visa, specifically considering his claims of persecution based on his religion and membership in a particular social group, and whether he faced a real risk of significant harm if returned to Iraq. The Tribunal also had to assess the applicant's credibility, given inconsistencies in his claims and evidence presented over time, including the extent of injuries sustained and the circumstances of his separation from his wife and her family.

The Tribunal found that the applicant did not satisfy the refugee criterion under s 36(2)(a) of the *Migration Act 1958* (Cth). While acknowledging the applicant's claims of past harm and fear of future harm, the Tribunal was not satisfied that he met the definition of a refugee. The Tribunal also considered the complementary protection criterion under s 36(2)(aa), which requires a substantial ground for believing that removal would result in a real risk of significant harm. However, the decision text provided does not detail the Tribunal's specific findings on this criterion or the applicant's credibility in relation to his stated fears.

The final outcome of the decision under review was that the applicant did not satisfy the criterion in s 36(2) of the *Migration Act 1958* (Cth), leading to the affirmation of the cancellation of his protection visa. There was no suggestion that the applicant satisfied the criteria based on being a member of the same family unit as a person who held a protection visa.