2201443 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Home Affairs' decision to refuse the applicant, a Zambian citizen, a protection visa. The applicant claimed he feared harm from his extended family due to an inheritance dispute following the death of his brother, and also raised concerns about the impact of separation from his Australian citizen wife and children, or the harm they might suffer if they accompanied him to Zambia. The applicant had a complex migration history in Australia, including previous unsuccessful applications for partner visas, ministerial intervention requests, and court appeals, none of which involved claims of fear of harm.

The court was required to determine whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). This involved assessing the credibility of his claims of fear of harm from his family in Zambia, and considering whether his circumstances, including his separation from his family or their potential harm, constituted grounds for protection. The court also had to consider the applicant's extensive migration history and the fact that no fear of harm had been expressed in any of the numerous previous proceedings.

The court found that the applicant's claims were inconsistent and lacked corroborative evidence. It noted that some claims had been discontinued and that there had been significant delays in lodging the protection visa application, particularly in light of his previous legal representation for other matters. The court concluded that the applicant did not satisfy the criteria for a protection visa, specifically finding that he did not satisfy section 36(2) on any basis, including as a member of the same family unit as a person who holds a protection visa.

The decision under review was affirmed.