1621533 (Refugee)

This matter concerned an application for a protection visa by Applicant A and her family, who are nationals of Venezuela. Applicant A, a qualified health professional, claimed she feared persecution upon return to Venezuela due to her anti-government opinions and her profession, citing risks of torture, killing, and harm from criminal gangs and the police. The primary decision-maker had found that while widespread criminal violence existed in Venezuela, it was random and did not constitute systematic and discriminatory persecution, nor did Applicant A face a risk beyond that faced by the general population.

The legal issues before the court were whether the Tribunal erred in finding that Applicant A did not meet the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) (the Act) or the complementary protection criterion under section 36(2)(aa) of the Act. Specifically, the court considered whether Applicant A had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, and whether she faced a real risk of significant harm upon removal from Australia.

The court reasoned that the Tribunal had failed to adequately consider Applicant A's claims regarding her status as a health professional and her expressed anti-government political opinions as grounds for persecution. The Tribunal's finding that the risks faced by Applicant A were general to the Venezuelan population was insufficient without a proper assessment of whether she, as a health professional with expressed political dissent, faced a particular risk that distinguished her from the general population. The court noted that the Tribunal had not fully engaged with the evidence of Applicant A's demotion and the intimidating environment she experienced at her workplace due to her criticisms of government policy and the presence of armed groups.

Consequently, the court remitted the matter to the Tribunal for reconsideration. The directions included that the Tribunal must be satisfied that Applicant A satisfies section 36(2)(a) of the Act, and that her dependent family members satisfy section 36(2)(b)(i) of the Act based on their family unit membership.