1508966 (Refugee)

The applicant, who arrived in Australia on a student visa, sought a protection visa, claiming she feared her husband and his family in Mongolia. She alleged a history of domestic violence, including beatings and threats of death, and stated that Mongolian law enforcement was corrupt and would not provide protection. The applicant also claimed her husband had kidnapped their daughter.

The court was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth), specifically whether she was a person in respect of whom Australia had protection obligations under the Refugee Convention due to a well-founded fear of persecution for a Convention reason. The court also considered the alternative criterion under section 36(2)(aa), which relates to complementary protection, assessing whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of her removal from Australia, the applicant would suffer significant harm.

The court considered evidence regarding the legal framework in Mongolia, including the recent passage of the Law to Combat Domestic Violence and the criminalisation of domestic violence. It also noted the existence of non-governmental organisations providing support to victims. While acknowledging the presence of corruption in Mongolia, the court found that state authorities had taken steps to counteract it and that laws were in place to address bribery. Based on the available country information, the court did not accept that the applicant would face a real risk of serious harm, torture, or cruel, inhuman, or degrading treatment or punishment if returned to Mongolia. The court concluded that state and non-state authorities could provide protection, and therefore, the applicant did not face a real risk of significant harm.

The Tribunal affirmed the decision not to grant the applicant a Protection visa, finding that she did not satisfy the criteria under section 36(2)(a) or section 36(2)(aa) of the Migration Act 1958 (Cth).