1711494 (Refugee)

The applicant, a citizen of Papua New Guinea, sought a protection visa in Australia. The dispute concerned whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1994* (Cth), which requires Australia to have protection obligations under the 1951 *Convention relating to the Status of Refugees* as amended by the 1967 Protocol (the Refugees Convention). The decision under review was made by the Tribunal.

The legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for reasons of membership of a particular social group, specifically as a single woman in Papua New Guinea, and whether the authorities in Papua New Guinea were unable or unwilling to protect her from serious harm. The Tribunal was required to consider the applicant's personal circumstances, including her upbringing by her aunt, her mother's mental health issues, and her lack of protection from authorities.

The Tribunal reasoned that the applicant's claims were credible and consistent with the evidence provided by her uncle and a case worker. It accepted that the applicant had a difficult childhood and that her reluctance to provide extensive detail in a formal hearing was understandable given her experiences. The Tribunal found that the applicant's situation as a single woman in Papua New Guinea, coupled with the lack of protection from authorities, meant she faced a real risk of serious harm. Consequently, the Tribunal was satisfied that Australia had protection obligations towards the applicant under the Refugees Convention.

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