1710618 (Refugee)

The applicant sought a protection visa, claiming a well-founded fear of persecution in Peru due to her political opinion as a supporter of former President Fujimori. The dispute concerned whether the applicant met the criteria for a protection visa, either as a refugee or on complementary protection grounds. The matter was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine if the applicant, based on the accepted evidence, was entitled to protection in Australia as a refugee or, alternatively, on complementary protection grounds. This required assessing whether the applicant had a well-founded fear of persecution for reasons of political opinion, or if there was a real risk of significant harm upon removal from Australia.

The Tribunal considered the applicant's evidence of her past involvement with a Fujimorista association, including participation in protests and alleged harassment, such as dead animals left at her home and verbal threats. However, the Tribunal noted that many people openly supported Fujimori, and the applicant provided no material evidence of her past difficulties. The Tribunal also considered the provisions of the Migration Act 1958, including the definitions of "refugee" and "significant harm," and relevant policy guidelines and country information. Ultimately, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.

The Tribunal affirmed the decision not to grant the applicant a protection visa.