1508203 (Refugee)

The applicant, a single mother with children born out of wedlock, sought protection visas for herself and her child. The dispute concerned whether the applicant and her child would face persecution or harm if returned to the Philippines, based on their social group and circumstances. The matter came before the Tribunal for consideration.

The core legal issues before the Tribunal were whether the applicant and her child belonged to a social group that would expose them to a real chance of persecution in the Philippines, and whether exceptional and compelling circumstances warranted a referral to the Minister under section 417 of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to assess the risk of harm arising from the applicant's status as a single mother with children born out of wedlock, the alleged tarnishing of her reputation by her former husband, and the potential threat from radical Islamist groups. The Tribunal also considered the impact of removal on the applicant's de facto partner and their Australian citizen children.

The Tribunal considered submissions that in the Philippines, being divorced or having children out of wedlock carried significant social shame, potentially leading to persecution by the community. The applicant also feared radical Islamist groups, given the ongoing conflict in Lanao. The Tribunal noted that violence against women was increasing in the Philippines, exacerbated by societal norms that assigned subordinate roles to women. While the delegate suggested reliance on the applicant's de facto partner for support, the Tribunal acknowledged his limited financial capacity and the potential inability to care for the children if the applicant were removed. The Tribunal concluded that the applicant and her child had a well-founded fear of harm and persecution.

Ultimately, the Tribunal affirmed the decision not to grant the protection visas. However, the Tribunal decided to refer the matter to the Department, indicating that exceptional and compelling circumstances existed that warranted consideration by the Minister under section 417 of the *Migration Act 1958* (Cth).