1612601 (Refugee)

This matter concerned an application for a protection visa by a woman from Cambodia. The applicant claimed she feared mistreatment and violence if returned to her home country due to her status as a divorced woman with a child, lacking family or social support, and facing inadequate state protection. The decision was made by Member Bruce Henry of the Migration Review 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 the Minister to be satisfied that Australia has protection obligations under the *Convention relating to the Status of Refugees* (as amended). This involved determining if the applicant had a well-founded fear of persecution for reasons of membership of a particular social group, and if such persecution would constitute serious harm as defined by section 91R of the Act. The Tribunal also considered, as a secondary ground, whether the applicant might qualify for complementary protection under section 36(2)(aa) if she faced significant harm as a necessary and foreseeable consequence of removal.

The Tribunal considered extensive country information regarding Cambodia, which highlighted strong gender-role stereotyping, the influence of traditional codes of conduct like "chbab srey" that legitimise discrimination against women, and the prevalence of gender-based violence, including domestic violence, rape, and sexual exploitation. It was noted that despite government efforts to strengthen legal frameworks and promote gender equality, Cambodian women still faced an unacceptable risk of harm. The applicant's personal circumstances, including her divorce, her inability to return home due to shame and lack of financial resources, and her fear of further mistreatment, were assessed in light of this country information.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfied the criteria under section 36(2)(a) of the *Migration Act*. This indicated that the Tribunal was satisfied the applicant had established a well-founded fear of persecution constituting serious harm, thereby meeting the requirements for a protection visa.