The Administrative Review Tribunal of Australia has found that three Israeli siblings have a well-founded fear of persecution if forced to return to Israel, due to their refusal to serve in the Israel Defense Forces (IDF) and concerns about being forced to breach international humanitarian law in Gaza. The tribunal granted them the right to reapply for protection visas.
Tribunal ruling
The tribunal accepted that the three adult siblings genuinely believed they would be required to engage in breaches of international humanitarian law if conscripted. It noted that punishment for refusing military service could include imprisonment of up to two years, which would amount to persecution.
The family, including parents and children, arrived in Australia on a working visa a decade ago. After the visa expired, they applied for protection visas in 2024, six months after the Hamas-led attacks on 7 October 2023. The initial application was rejected, but the tribunal overturned the decision on appeal.
Grounds for fear
The siblings made a pact to refuse compulsory military service. The tribunal found their political opinion was the essential reason for potential persecution, and no reasonable steps could be taken to avoid harm. The risk extended throughout Israel, as the persecution originates from the state.
The tribunal referenced arrest warrants issued by the International Criminal Court against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant on war crimes allegations, as well as a United Nations Commission of Inquiry report alleging genocide in Gaza. It stated that credible allegations exist that Israel's military operations breach international humanitarian law.
Family claims and limitations
The family also claimed they were not safe from terrorist attacks anywhere in Israel, citing past Hamas attacks. However, the tribunal rejected this argument, stating that any harm from Hamas rockets would not be discriminatory conduct but rather casualties of armed conflict.
The tribunal ordered the Department of Home Affairs to reconsider the family's protection visa application.
