1507725 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa. The applicant, a national of El Salvador, claimed she could not return to her home country due to threats from gang members who controlled her local area, demanding money and enforcing curfews. She also alleged a family massacre and a personal attack on a public bus. The applicant had arrived in Australia on a temporary visa and subsequently applied for a protection visa after her initial visa application was found invalid.

The Tribunal was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, or whether she met the criteria for complementary protection. Specifically, the court needed to assess the applicant's credibility, the nature and extent of the risks she faced in El Salvador, and whether the state could offer effective protection. The court also considered whether the applicant fell within a particular social group, such as a single woman perceived as a wealthy returnee, and whether the risks she faced were shared by the general population.

The Tribunal found the applicant to be a reliable witness, supporting her claims with credible third-party statements, documentary evidence, and country information. While acknowledging that some claims might have been exaggerated due to the pervasive insecurity in El Salvador, the Tribunal was satisfied that the applicant had a genuine fear of returning. The court noted that while the applicant's claims of gang violence and insecurity were consistent with country information, the specific risk to her was not sufficiently particularised to meet the threshold for a Convention reason. However, the Tribunal found that the applicant did face a real chance of significant harm if returned to El Salvador, and that the state was unable to offer effective protection against such harm.

The Tribunal concluded that the decision under review should be affirmed.