Harm feared without having experienced that type of harm before?

By
Sergio Zanotti Stagliorio
-

Federal Circuit Court. Can a protection visa applicant "fear a particular type of harm for the purposes of the refugee convention and complementary protection without having ever experienced that particular type of harm in the past"? Is the IAA "obliged to consider a claim that is expressly and clearly made, even if there is no country information to support that claim"?

Some of the questions to the Federal Circuit Court and Family Court of Australia (FCC) were as follows:

Question 1: Can a protection visa applicant "fear a particular type of harm for the purposes of the refugee convention and complementary protection without having ever experienced that particular type of harm in the past"?

Question 2: Is the Immigration Assessment Authority "obliged to consider a claim that is expressly and clearly made, even if there is no country information to support that claim"?

The FCC answered those questions as follows:

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