1501572 (Refugee)

The applicant, a woman from Papua New Guinea, sought review of a decision concerning her application for a protection visa. The dispute centred on whether she met the criteria for a protection visa, specifically whether she had a well-founded fear of persecution based on her membership in a particular social group. The matter came before the Tribunal for review.

The core legal issues before the Tribunal were whether the applicant constituted a "particular social group" as defined by the Refugee Convention and whether she had a well-founded fear of persecution. This involved determining if women who have left abusive domestic relationships, particularly single, unprotected women facing threats from a former partner, could be considered a particular social group. The Tribunal also had to assess the effectiveness of protection available within Papua New Guinea, including the capacity of the authorities to protect her from her former partner and the viability of internal relocation.

The Tribunal reasoned that the applicant's circumstances, as a woman who had experienced significant domestic violence and was being stalked and threatened by her former partner, placed her within a particular social group. This group was characterised by their vulnerability due to their gender and their specific experience of domestic abuse, coupled with the inability or unwillingness of the state to provide effective protection. The Tribunal considered evidence from the applicant, including police reports and affidavits from her mother and a Papua New Guinean agency, which detailed the ongoing threats and the former partner's evasion of law enforcement. The Tribunal found that the threats were real and that the authorities were unable to provide effective protection, making internal relocation an unlikely solution given the partner's persistent and evasive behaviour.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfied section 36(2)(a) of the Migration Act, meaning she met the criteria for a protection visa.