1622452 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa, who claimed to fear harm upon return to South Sudan due to her mixed Dinka and Nuer ethnicity and the ongoing civil war. The applicant asserted that her Dinka heritage, coupled with her past occupation, made her a target for suspicion of spying from both tribal groups, and she also feared gender-based violence and abduction. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether she was a person in respect of whom Australia had protection obligations under the Refugees Convention.

The Tribunal's reasoning focused on assessing the applicant's credibility and the objective country information regarding the situation in South Sudan. Despite initial inconsistencies regarding her family's whereabouts, the Tribunal found the applicant to be a credible witness whose oral evidence was detailed and corroborated by other evidence. The Tribunal accepted that the applicant was of mixed Dinka and Nuer ethnicity, with her father being Dinka and her mother Nuer. While the applicant had not experienced direct ethnic persecution in the past, the Tribunal considered the current conflict in South Sudan to have clear ethnic dimensions. The Tribunal also noted the applicant's limited time spent in South Sudan and her lack of family support there, as well as the ongoing instability and violations of ceasefire agreements.

Ultimately, the Tribunal was satisfied that the applicant was a person in respect of whom Australia had protection obligations under the Refugees Convention, and therefore met the criteria under section 36(2)(a) of the Migration Act. The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a).