1709438 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa, who claimed a well-founded fear of persecution in Liberia due to the risk of female genital mutilation (FGM). The applicant asserted membership in a particular social group comprising young single women. The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one of the five refugee conventions reasons, or alternatively, whether there were substantial grounds for believing that removal from Australia would result in a real risk of significant harm.

The Tribunal reasoned that the applicant's claims of potential FGM were credible, despite the absence of medical evidence, given her age upon arrival in Australia and the high prevalence of FGM among women in Liberia. It found that young single women constitute a particular social group in Liberia, sharing characteristics and facing stigma, and that the applicant's status as such was the essential and significant reason for the feared persecution. The Tribunal also considered the availability of state protection, noting that the feared harm stemmed from non-state agents. It concluded that effective state protection was not available, as Liberian law does not expressly criminalise FGM, and the prevalence of the practice suggests state tolerance, rendering protection inaccessible and not durable.

Consequently, the Tribunal determined that the applicant satisfied the criterion for a protection visa under section 36(2)(a) of the Migration Act 1958. The decision under review was remitted for reconsideration with a direction that the applicant meets this criterion.