1503733 (Refugee)

The applicant sought review of a decision not to grant her a protection visa. The dispute concerned whether the applicant, a woman who had separated from her husband and was a victim of domestic violence in Papua New Guinea, met the criteria for a protection visa. The matter was before the Refugee Tribunal.

The primary legal issue was whether the applicant was a member of a "social group" for the purposes of the *Migration Act 1958* (Cth) such that she would face a real chance of persecution or significant harm if returned to Papua New Guinea. This involved considering whether women who are victims of domestic violence and have separated from their husbands constitute a social group within the meaning of the Act, and whether the applicant's mental health issues were sufficiently severe to warrant protection.

The Tribunal considered Ministerial Direction No. 56, which requires consideration of departmental policy guidelines and country information. While acknowledging the applicant's evidence of sadness, anxiety, loneliness, and past suicidal thoughts, the Tribunal found that no reports from mental health professionals indicated a diagnosed mental illness. The Tribunal also noted the applicant's resilience and full-time employment. Consequently, the Tribunal was not satisfied that her mental health issues were so severe as to pose a real chance of serious or significant harm upon return to Papua New Guinea. The Tribunal also found no basis for the applicant satisfying the criteria as a member of the same family unit as a person who holds a protection visa.

The Tribunal affirmed the decision not to grant the applicant a protection visa.