1508621 (Refugee)

The applicant, an Indian national of Muslim faith, sought review of the Refugee Tribunal's decision to refuse her application for a protection visa. The applicant claimed she would face persecution if returned to India due to her religion, her status as a separated woman, and the risk of domestic violence, including physical and psychological harm, from her estranged husband and his family. She also raised concerns about the mistreatment of her child. The matter was heard by Angela Cranston.

The primary legal issue before the court was whether the applicant would be subjected to persecution, within the meaning of the *Migration Act 1958* (Cth), if returned to India. This required the court to determine if there was a real chance that the applicant would suffer harm amounting to persecution based on her membership of a particular social group, specifically as a separated woman facing domestic violence, and potentially on account of her religion. The court also had to consider the risk of harm to her child.

The court considered the evidence presented regarding the prevalence of domestic violence and the treatment of women in similar circumstances in India, particularly those of Muslim faith who have separated from their husbands. It assessed whether the harm feared by the applicant rose to the level of persecution as defined by international and Australian refugee law. The court applied the principles of assessing the credibility of the applicant's claims and the objective likelihood of harm, considering the country information and the specific circumstances of the applicant's situation.

The court found that the applicant had not established a real chance of suffering harm amounting to persecution on the grounds claimed. Consequently, the application for review was dismissed.