1517998 (Refugee)

The applicant, a Burmese citizen of ethnic Chin and Christian faith, sought a Protection visa. She claimed to fear persecution upon return to Myanmar due to her religion, citing past discrimination, physical assault, and threats of killing by extremist Buddhists or Muslims. She also asserted that state protection was selectively withheld, particularly after her husband's death in June 2013, leaving her vulnerable as an elderly, illiterate, and deaf widow. The decision under review affirmed the refusal to grant her a Protection visa.

The core legal issue before the Tribunal was whether the applicant met the criteria for a Protection visa under section 36(2) of the *Migration Act 1958* (Cth). This involved determining if she had established a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether the Australian government would be under an obligation to protect her. The Tribunal also considered a request to refer the case for Ministerial intervention under section 417 of the Act.

The Tribunal considered the applicant's claims in light of relevant policy guidelines and country information. It noted that the applicant did not satisfy the criteria for a Protection visa under section 36(2) of the Act, nor was there any suggestion that she qualified through membership of a family unit with a person holding a protection visa. Consequently, the Tribunal affirmed the decision not to grant the applicant a Protection visa. The Tribunal also decided not to refer the case for possible consideration by the Minister under section 417, noting that the representative could make such a request independently.