1621023 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of a Rwandan national seeking a protection visa. The applicant claimed she feared persecution in Rwanda due to her sexuality, specifically her identity as a lesbian. Her claims included past experiences of violence from her father, familial pressure to marry, ostracisation, and two instances of rape by a neighbour who threatened her and her family. She also alleged workplace issues stemming from her refusal of advances from a supervisor, which led to a false accusation of embezzlement. The applicant further stated that she had entered into a relationship with a man in Australia, had a child, and had ceased contact with a former girlfriend.

The central legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically whether she would be a refugee within the meaning of the *Migration Act 1958* (Cth) or entitled to complementary protection. This required the Tribunal to assess whether she had a well-founded fear of persecution for reasons of membership of a particular social group, namely being a lesbian woman in Rwanda, and whether the Rwandan authorities would be unable or unwilling to protect her. The Tribunal was also required to consider relevant Ministerial Directions and country information.

The Tribunal reasoned that while the applicant had provided evidence of past trauma, including the rapes, her current circumstances and presentation of her case did not establish a well-founded fear of persecution. The Tribunal noted that the applicant had ceased all contact with her former girlfriend, was not involved in the lesbian community in Australia, and had entered into an exclusive married relationship with a man with whom she had two children. This conduct, the Tribunal found, did not align with a present fear of persecution based on her sexuality in Rwanda. Furthermore, the Tribunal considered that the applicant had not demonstrated that she could not present evidence and arguments to the Rwandan authorities, nor that she would be unable to access protection.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.