2208921 (Refugee)

This matter concerned an application for a protection visa by a Colombian national. The applicant claimed a well-founded fear of persecution due to his opposition to the peace agreement with the FARC, which he expressed through protest activities. The dispute centred on whether the applicant met the criteria for a protection visa, including the assessment of his claims against relevant guidelines and country information. The decision was made by a delegate of the Minister, reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for reasons specified in section 5J of the Act, and if there was a real chance he would suffer serious harm upon return to Colombia. Alternatively, the Tribunal was required to assess whether the applicant met the complementary protection criteria, as defined by section 36(2)(aa) of the Act, which considers the risk of significant harm as a necessary and foreseeable consequence of removal from Australia.

The Tribunal considered the applicant's claims, including his participation in protests against the FARC peace agreement and subsequent detention by police, followed by alleged surveillance by paramilitary groups. The applicant also described a later arrest during a student march in 2018, where he was warned of serious consequences if arrested at future protests. The Tribunal applied Ministerial Direction No. 84, incorporating the Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments. Ultimately, the Tribunal concluded that the decision under review should be affirmed, indicating that the applicant did not meet the necessary criteria for the grant of a protection visa.