1510707 (Refugee)

The applicant, a woman from Nepal, sought a protection visa, claiming she feared returning to Nepal due to threats from her former husband and societal rejection as a twice-divorced and impoverished woman. The dispute concerned whether these fears met the criteria for a protection visa under Australian law. The matter was before the Refugee Tribunal, with Member Mila Foster presiding.

The Tribunal was required to determine if the applicant would face persecution or significant harm upon return to Nepal, specifically whether she belonged to a "particular social group" as defined by the Migration Act 1958 (Cth) and relevant international conventions. This involved assessing her claims of fear from her former husband, potential prosecution for polygamy, and the alleged stigma and ostracism she would face from Nepali society, her family, and former in-laws due to her marital status and economic circumstances. The Tribunal was also directed to consider relevant policy guidelines and country information assessments.

The Tribunal considered the applicant's evidence, including statutory declarations, a letter from a Nepali office detailing her first marriage and divorce, and documents relating to her divorce from her second husband in Australia. It noted that the applicant arrived in Australia in 2009 and had studied and worked there. The Tribunal found that the applicant did not satisfy the criterion in s.36(2) of the Migration Act 1958 (Cth), which relates to the grounds for granting a protection visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.