1707193 (Refugee)

The applicant, an Indian national, sought a protection visa in Australia. The dispute concerned her claims of fearing persecution upon return to India due to her status as a single mother, having had a child outside of marriage, and her family's disapproval of her "love marriage" and subsequent refusal to marry a man of their choosing. She alleged threats of honour killing from her brother and a lack of familial support, compounded by the belief that Indian authorities would not intervene in family matters and that she and her child would be vulnerable to exploitation. The matter was before the Tribunal for reconsideration.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which requires a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Specifically, the Tribunal had to determine if the applicant's circumstances constituted membership of a "particular social group" and if she faced a real chance of persecution involving serious harm, considering the availability of internal relocation and effective protection measures in India.

The Tribunal considered the applicant's evidence regarding her family's threats, her brother's animosity, and her fear of societal disapproval and exploitation as a single, unmarried mother. It also took into account policy guidelines and country information. The Tribunal concluded that the applicant satisfied the criterion set out in section 36(2)(a) of the Migration Act, finding that she had a well-founded fear of persecution.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Migration Act.