Awm16 v Minister for Immigration

This matter came before Dowdy J in the Federal Court of Australia, concerning an application for a protection visa by the applicant, Awm16. The applicant claimed to have held the rank of Lieutenant in the Lebanese Armed Forces (LAF) from September 1989 until May 2013, and described himself as a "long standing former officer" and "a former high ranking officer" in the LAF. The delegate rejected the applicant's protection visa application, finding that he did not face a real risk of targeted harm from Sunni extremist groups due to his Shia religion or past employment with the LAF, nor was he likely to be targeted generally in Lebanon. The delegate also found that the applicant did not face a real risk of significant harm under the complementary protection provisions. The applicant sought review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution or significant harm, such that he met the criteria for a protection visa under s 36(2)(a) or s 36(2)(aa) of the *Migration Act 1958* (Cth). This required the Tribunal to assess the credibility and reliability of the applicant's claims, particularly his assertions regarding his military service and the associated risks he claimed to face upon return to Lebanon.

The Tribunal, after considering the applicant's oral and written evidence, including statements made to the Department and evidence presented at the review hearing, found the applicant to be not credible, truthful, or reliable in relation to matters central to his claims. The Tribunal noted inconsistencies and a lack of credibility in the applicant's evidence concerning past events. Consequently, the Tribunal affirmed the delegate's decision to refuse the protection visa.