2420874 (Refugee)

The applicant, a citizen of Serbia, sought review of a delegate's decision to refuse a protection visa. The applicant claimed to fear gang-related violence and forced recruitment in Serbia due to his past work in the military and security sector. The delegate had refused the visa, finding the applicant's claims lacked credibility due to insufficient detail and other concerns.

The core legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by the Migration Act 1958. This required determining if there was a real chance the applicant would suffer persecution, and if effective protection measures were available in Serbia, or if the risk was faced by the population generally.

The Tribunal affirmed the delegate's decision, finding that the applicant had not established a well-founded fear of persecution. The Tribunal noted credibility concerns with the applicant's claims and concluded that there was no real risk the applicant would suffer significant harm from the gang in Serbia. The Tribunal also found that the applicant did not satisfy the criterion under section 36(2) of the Act.