1616256 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a protection visa. The applicant, formerly a member of the police force in Zimbabwe, claimed to have left the force due to being compelled to act against opposition party members and her subsequent desire to join the opposition. She alleged that after leaving the police, she faced resentment and threats from former colleagues, leading to her husband leaving her. The central dispute before the Tribunal was the applicant's credibility and whether, based on her accepted claims, she met the criteria for a protection visa.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, and alternatively, whether she would suffer significant harm if returned to Zimbabwe, thereby meeting the complementary protection criterion. The Tribunal was required to assess the applicant's claims in light of relevant country information and the provisions of the *Migration Act 1958* (Cth), including the definitions of "serious harm" and "effective protection measures."

The Tribunal's reasoning focused on the applicant's credibility. While acknowledging the applicant's stated reasons for leaving the police force and her subsequent alleged difficulties, the Tribunal ultimately concluded that her claims were not sufficiently credible to warrant the grant of a protection visa. The Tribunal considered the applicant's migration history, her personal circumstances, and the available country information regarding Zimbabwe. It applied the principles outlined in section 36 of the *Migration Act 1958* (Cth) concerning well-founded fears of persecution and the complementary protection criterion.

Ultimately, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa. The Tribunal found that the applicant did not satisfy the criteria for a protection visa, either under the refugee convention provisions or the complementary protection provisions of the Act.