A case involving subclass 866 applicant saw the AAT remit a decision of a delegate of the Minister for Immigration and Border Protection (the Department) for reconsideration, after finding the applicant was a refugee.
The applicant claimed to fear harm if he returned to his home area in southern Yemen because he was an Orthodox or Coptic Christian and considered an apostate from Islam, after converting. He also claimed to fear harm as a non-indigenous Yemeni and for his anti-government political views, among other things. The applicant’s claims about his religious identity were new claims before the AAT, which he had not previously raised with the Department.
The AAT did not accept the applicant’s claim he was at risk in Yemen because of his political views. His evidence he participated in an anti-government protest rally, which became violent and then led to him being hospitalised, was unconvincing and supported by fraudulent documents.
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