2310793 (Refugee)

The applicant sought review of a decision not to grant a protection visa. The applicant claimed to have left Albania due to threats of death from the husband of a woman with whom the applicant's brother had been involved. The applicant alleged a prior kidnapping and assault by the husband and intelligence officers, with a warning that both the applicant and his brother would be killed if they returned to Albania. The Tribunal considered the applicant's claims and evidence in accordance with Ministerial Direction No. 84 and relevant guidelines.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) of the Migration Act 1958, which requires a well-founded fear of persecution. The Tribunal also considered, by implication, the complementary protection criterion under section 36(2)(aa), which requires a real risk of significant harm as a necessary and foreseeable consequence of removal. The Tribunal was required to assess the applicant's claims of fear and the evidence presented in support thereof.

The Tribunal affirmed the delegate's decision, concluding that the applicant did not satisfy the refugee criterion under section 36(2)(a). While the applicant's narrative described threats and a past incident of violence, the Tribunal found insufficient evidence to establish a well-founded fear of persecution. The Tribunal noted that the applicant did not satisfy the criteria for being a member of the same family unit as a person who holds a protection visa, as specified in section 36(2)(b) and (c). Consequently, the Tribunal affirmed the decision not to grant the protection visa.