1612243 (Refugee)

This matter concerned an application for a protection visa by a Rwandan national. The applicant claimed she would face harm in Rwanda due to her sexuality as a lesbian, her status as a single woman with a child, and her mental health issues, including post-natal depression and post-traumatic stress disorder, stemming from alleged rape and social stigma. The decision under review was made by the Refugee Review Tribunal, presided over by Nora Lamont.

The core legal issues before the Tribunal were whether the applicant would face persecution or harm in Rwanda on account of her sexuality, her mental illness, and her status as a single woman with a child. The Tribunal was required to consider the applicant's claims in light of Ministerial Direction No. 56, which mandates consideration of relevant complementary protection guidelines, refugee law guidelines, and country information assessments prepared by the Department of Foreign Affairs and Trade.

The Tribunal accepted the applicant's identity as a Rwandan national and acknowledged her arrival in Australia in July 2014. It considered the applicant's detailed account of alleged persecution, including attempted rape by a cousin, physical assault by her girlfriend's brother, public humiliation and beating during community work due to her relationship with Ms. B, an attack by unknown individuals, and further assault by a neighbour. The applicant also reported being warned that she would be killed for being a lesbian and that the police had failed to investigate these incidents. Furthermore, she described being raped by her cousin and his friend, an attempted suicide, difficulties at work, and harassment from neighbours after moving in with Ms. B. The Tribunal concluded that the matter should be remitted for reconsideration.