1707360 (Refugee)

This matter concerned an application for Protection visas by a primary applicant and a secondary applicant, who was the primary applicant's mother. The primary applicant, a citizen of South Korea, arrived in Australia in September 1999 and claimed that if she returned to South Korea, she would face social stigma, discrimination in employment and housing, and that her children would face discrimination at school. She also asserted that the South Korean government would not provide adequate protection. The secondary applicant did not make claims in her own right but was part of the primary applicant's family unit. The Tribunal was required to determine whether the applicants met the criteria for the grant of Protection visas, considering both refugee and complementary protection claims.

The legal issues before the Tribunal included whether the primary applicant faced a real risk of significant harm if returned to South Korea, as contemplated by section 36(2)(aa) of the Migration Act 1958 (Cth) (the Act), which outlines the complementary protection criterion. This involved assessing the applicant's claims of social stigma, discrimination, and lack of government protection in her home country. The Tribunal also considered the impact of the primary applicant's long residence in Australia, her work experience, adaptability, and the presence of her Australian citizen child who was nearing the completion of high school. The Tribunal was mandated to consider Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and relevant country information.

The Tribunal found that South Korea was the country of reference for assessing the claims. While acknowledging the primary applicant's claims, the Tribunal ultimately affirmed the decision not to grant the Protection visas. The Tribunal declined to refer the case for ministerial intervention, noting that this did not preclude the primary applicant from making such a request directly to the Minister. The decision was affirmed based on the evidence and submissions before the Tribunal, including the primary applicant's immigration history.