HVKV and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application for review of a decision to refuse a protection visa. The applicant, a Libyan citizen, claimed to fear harm in Libya due to his past involvement with the Gaddafi regime's "Revolutionary Committees," where he reported on individuals perceived as threats to the government. The delegate had found serious reasons to believe the applicant had committed serious non-political crimes and crimes against humanity before entering Australia, which engaged specific provisions of the *Migration Act 1958* (Cth). The Administrative Appeals Tribunal (AAT) was required to determine whether there were "serious reasons" for considering that the applicant had committed crimes against humanity or serious non-political crimes prior to his arrival in Australia.

The Tribunal considered the applicant's role within the Revolutionary Committees and his awareness of the potential consequences for those he reported on, including torture and death. The applicant admitted to knowing that people he reported were taken, investigated, interrogated, and that there was a possibility of them being killed or tortured, and he heard torture taking place within the prison complex. Despite this, the Tribunal was not satisfied that there were "serious reasons" to conclude the applicant had committed crimes against humanity or serious non-political crimes.

The Tribunal set aside the delegate's decision and remitted the matter to the Minister with a direction that sections 5H(2) and 36(2C)(a) of the *Migration Act* do not apply to the applicant. This effectively meant that the applicant would not be precluded from a protection visa on the basis of having committed such crimes, allowing for a redetermination of his eligibility based on other criteria.