+1 862 207 3288 CASE SCENARIO
This morning you met with Bilal Fahy, who is a citizen of Lebanon. He brought with him a decision letter from the Refugee Review Tribunal (‘RRT’) dated 2 June 2015, affirming DIBP’s decision to refuse his application for a Protection Visa. Bilal became very upset, claiming that he could not return to Lebanon because he is a Jehovah’s Witness. He explained that due to the illegal status of the religion in Lebanon the authorities do not protect Jehovah’s Witnesses from the harmful actions of private individuals and in some circumstances they even encourage them.
The decision letter indicates that although the Tribunal accepted the applicant was a Jehovah’s
Witness, it found that the applicant had not been seriously harmed in the past and did not face a
real chance of serious harm in the future.
The Tribunal did not accept Bilal’s claim that after his employer found out that he was a Jehovah’s Witness he was forced to drive dangerous delivery routes in South Lebanon where Hezbollah is powerful and a fellow employee threatened to give his name to Hezbollah. The Tribunal found this claim to be implausible and did not accept that this occurred.
Bilal says that he can obtain a statement from other employees about the threats made against him, and also about abuse and persecution he suffered from other workmates after they found out he was a practising Jehovah’s Witness. He was demoted and eventually relocated to Beirut hoping he would be able to live without fear of harassment. However, he experienced the same problems despite his move to Beirut. He believes that negative and hostile attitudes towards Jehovah’s Witnesses exist throughout Lebanon, and he cannot practise his religion in secret. It is a requirement of his religion that he proselytise (try to covert others to his religion), which he can do openly, without fear, in Australia. He says that the only way he would be able to avoid harm if he has to return to Lebanon would be to not practise his religion in the way that he should.
Although Bilal represented himself at the RRT, he has been assisted by a volunteer from his local
legal service. The volunteer advised him that judicial review by the court is not likely to be successfuland therefore does not recommend that he appeal the decision of the RRT. Bilal has come to youseeking advice as to what other alternatives are open to him. In particular, he asked you to advise on the likelihood of him being caught if he moves interstate and doesn’t worry about getting another visa. Bilal does not currently hold a substantive visa and is not eligible for any other class of substantive visa.
Write a letter of advice to Bilal explaining:
a) your advice in relation to his options other than judicial review; and
b) how these options will affect his immigration status.
Your letter should take into consideration your ethical obligations as a registered migration agentconcerning the fact that Bilal told you he wants to go into hiding.
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