1611005 (Refugee)

This matter concerned an application for a protection visa by a national of Venezuela. The applicant claimed to fear persecution from *Colectivos* due to his participation in protests and his membership in the *Juventud Militante* (Militant Youth Group). The applicant alleged that freedom of speech was non-existent in Venezuela, that citizens were not guaranteed safety, and that his mother had relocated due to these fears. The decision under review was made by the Refugee Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires Australia to have protection obligations under the *Refugee Convention*. This involved determining if the applicant had a well-founded fear of persecution for reasons of political opinion, or membership of a particular social group, and was therefore unable or unwilling to avail himself of the protection of Venezuela.

The Tribunal considered extensive evidence, including the applicant's statements, oral evidence, a complaint from his mother detailing threats and damage to her vehicle following his participation in a protest, a letter confirming his membership in the *Juventud Militante* and detailing his protest activities, and social media posts expressing political concerns. The Tribunal accepted the applicant's Venezuelan nationality and that Venezuela was the receiving country. Based on the evidence presented, the Tribunal concluded that the applicant was a person in respect of whom Australia had protection obligations under the *Refugee Convention*.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfied the criterion set out in section 36(2)(a) of the *Migration Act*.