2305666 (Refugee)

The applicant, a citizen of Georgia, sought a protection visa. The dispute concerned whether Australia had protection obligations towards the applicant under s 36(2)(a) or s 36(2)(aa) of the Migration Act 1958 (Cth). The Tribunal was required to determine if the applicant possessed a well-founded fear of persecution for a Convention reason or faced a real risk of significant harm upon removal to Georgia.

The Tribunal's reasoning focused on the applicant's onus to establish their claims with sufficient evidence. While acknowledging that some latitude should be given to credible applicants unable to substantiate all claims, the Tribunal was not obliged to accept allegations uncritically. The applicant's oral evidence regarding his involvement with the United National Movement in Georgia was found to be vague and unpersuasive, lacking corroborative evidence. Consequently, the Tribunal concluded that the applicant had not satisfied the statutory requirements for a protection visa.

The Tribunal affirmed the decision not to grant the applicant a protection visa.