2414969 (Refugee)

This matter concerned an Albanian national who sought a protection visa. The applicant claimed he feared harm from the family of a young woman who died in a motor vehicle accident involving his car in April 2021. He specifically alleged fear of the woman's brother, who he claimed had criminal connections and corrupt official links. The applicant had a history of previous unsuccessful protection visa applications and had attempted to enter Australia multiple times using different identities and fake passports, leading to his detention.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, either under the refugee criterion or the complementary protection criterion. This involved assessing whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Albania, the applicant faced a real risk of suffering significant harm. The Tribunal also considered the relevance of country information regarding blood feuds and the availability of state protection in Albania, as well as the implications of the applicant's use of multiple identities and fake passports.

The Tribunal reasoned that while the applicant had established his Albanian nationality, his claims of fear were not substantiated to the required standard. It noted that the alleged threat from the woman's family had not materialised, despite attempts at reconciliation and the families continuing to reside in the same area. Furthermore, the Tribunal drew an unfavourable inference from the applicant's repeated use of false identities and passports to enter Australia, which undermined his credibility. Considering the available country information, the Tribunal found that the incidence of revenge crimes was low and declining, and that reasonable state protection was available. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.

The Tribunal affirmed the decision under review, finding that the applicant did not satisfy the criteria for the grant of a protection visa under section 36(2) of the *Migration Act 1958* (Cth), either on refugee or complementary protection grounds.