2118373 (Refugee)

This matter concerned an application for a Protection visa by a Lebanese male. The applicant claimed he faced a real chance of suffering serious harm if returned to Lebanon due to his renunciation of Islam, his past drug addiction and associated criminal record, and the resulting hostility from his prominent religious family, including threats of honour killing. The decision under review was made by the Refugee Tribunal.

The primary legal issues before the Tribunal were whether the applicant would face a real chance of serious harm due to his race, religion, nationality, membership of a particular social group, or political opinion, or alternatively, whether there were substantial grounds for believing that as a necessary and foreseeable consequence of his removal to Lebanon, he faced a real risk of suffering significant harm. The Tribunal was required to consider these claims in light of the severe economic, political, and social crisis in Lebanon, which had overwhelmed state security, healthcare, and welfare systems.

The Tribunal concluded that the matter should be remitted for reconsideration. While the applicant's claims regarding his apostasy and the threats from his family were noted, the Tribunal's reasoning focused on the broader context of Lebanon's crises, impacting access to drug addiction treatment, effective state protection, and employment prospects, all of which could significantly affect the applicant's wellbeing. The Tribunal applied the principles of refugee and complementary protection as outlined in the *Migration Act 1958* (Cth), including Ministerial Direction No. 84 and relevant guidelines.