1704078 (Refugee)

This matter concerned an application for a protection visa by a Japanese national. The applicant claimed to have left Japan due to threats of violence and extortion from a distant relative who was a member of the Yakuza. She also cited health issues, including mild dementia, and her senior age as reasons for seeking protection in Australia, where her immediate family resided. The Administrative Appeals Tribunal (AAT) affirmed a prior decision to refuse the visa.

The primary legal issues before the court were whether the applicant met the criteria for a protection visa, specifically considering the complementary protection provisions under section 36(2)(aa) of the Migration Act 1958 (Cth). This required determining if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, the applicant faced a real risk of suffering significant harm. The court also had to consider the mandatory considerations outlined in Ministerial Direction No. 84, including the Refugee Law Guidelines and Complementary Protection Guidelines.

The court considered the applicant's claims of threats from a Yakuza member, the alleged death of her aunt's son under suspicious circumstances related to these threats, and the lack of effective assistance from Japanese police. It also took into account evidence of the applicant's deteriorating health, including mild dementia and significant depressive illness, her advanced age, and her lack of family support in Japan. However, the court found that the evidence did not establish a real risk of significant harm upon return to Japan, nor did it satisfy the criteria for complementary protection, leading to the affirmation of the decision under review.