1508989 (Refugee)

The applicant, a citizen of Zambia, sought review of a decision affirming the refusal of her application for a protection visa. The applicant claimed she feared persecution upon return to Zambia due to her perceived association with the United Party for National Development (UPND), the murders of her father and brother, and her HIV positive status, for which she required specific medication not readily available in Zambia.

The court was required to determine whether the applicant had established a well-founded fear of persecution for reasons of membership of a particular social group or political opinion, as defined by the *Migration Act 1958* (Cth) and the Refugee Convention. Specifically, the court had to consider whether her fear of being targeted due to her tribal affiliation and family's political involvement, or her fear related to her medical condition, constituted a valid basis for a protection visa.

The court affirmed the decision under review, finding that the applicant had not established a well-founded fear of persecution. While acknowledging the violence in Zambia and the applicant's family history of political involvement, the court found that the evidence did not demonstrate that the applicant herself would be targeted for reasons of political opinion. The court also considered the applicant's claim regarding her HIV status and the availability of medication, but concluded that the evidence did not establish that she would be unable to access appropriate treatment in Zambia, or that the lack of specific medication would amount to persecution. The court noted that the applicant had not provided sufficient evidence to support her claims regarding the unavailability of medication or the severity of her medical condition in the Zambian context.