1711525 (Refugee)

This matter concerned an application for a protection visa by a citizen of Peru. The applicant claimed to be a lesbian who had experienced mistreatment from relatives and discrimination within her community, church, and by government authorities in Peru. She also asserted a fear of persecution based on her sexual orientation. The applicant had resided in Australia as an unlawful non-citizen for a significant period, had formed a relationship with a man, and had a son who was an Australian citizen.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa, either as a refugee under section 36(2)(a) of the Migration Act 1958 or on complementary protection grounds under section 36(2)(aa). This required an assessment of whether the applicant had a well-founded fear of persecution for reasons of membership of a particular social group (lesbian) and whether she would face significant harm as a necessary and foreseeable consequence of removal to Peru.

The court considered the applicant's evidence, noting inconsistencies regarding the reasons for her relocation within Peru and the duration of her homelessness. It was observed that the applicant's claims of mistreatment by relatives were largely attributed to a past period when she was a young woman, and that many of these relatives were now deceased or elderly. The court also noted that the applicant had not demonstrated a current fear of persecution, particularly in light of her age and the limited social or community life she described as a lesbian in Peru. Furthermore, the applicant's current circumstances, including her relationship with a man and her son's citizenship, were considered. The court 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.