1614642 (Refugee)

This matter concerned an application for a protection visa by a Sri Lankan national. The applicant claimed she feared discrimination, harassment, and economic hardship upon return to Sri Lanka as a member of the particular social group of divorced women. The applicant had not experienced harm in Sri Lanka prior to her arrival in Australia. The decision reviewed was made by the Refugee Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth), specifically whether she was a refugee under section 36(2)(a) by reason of a well-founded fear of persecution as a member of a particular social group, or whether she qualified for complementary protection under section 36(2)(aa) due to a real risk of significant harm if removed from Australia.

The Tribunal considered the applicant's claims against the criteria for a protection visa, which include obligations under the Refugees Convention and complementary protection grounds. The Tribunal noted that the applicant did not attend an interview with the Department or a hearing before the Tribunal. While accepting the applicant's personal history, including her divorce and family ties in Australia, the Tribunal found that the applicant had not established that she met the criteria under section 36(2)(a) or (aa). The Tribunal affirmed the decision not to grant the applicant a protection visa. The Tribunal also indicated it considered it appropriate to refer the matter for Ministerial Intervention.