1711545 (Refugee)

The applicant, a national of Mexico, sought a protection visa. The dispute concerned whether Australia had protection obligations towards her, primarily due to past physical and psychological abuse from her obsessively Catholic mother, her subsequent adoption of Buddhism in Australia, and her fear of returning to family abuse and religious persecution in Mexico. The matter was before the Tribunal for review.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing a real risk of significant harm as a necessary and foreseeable consequence of removal to Mexico. This involved assessing whether she had a well-founded fear of persecution for reasons of membership of a particular social group, and whether effective protection was available in Mexico.

The Tribunal considered the applicant's evidence, including her claims of childhood abuse, her conversion to Buddhism in Australia, and her fear of returning to her family and country. It noted that the applicant was a credible and honest witness. The Tribunal also had regard to country information regarding gender-based violence and harassment in Mexico, and the lack of effective state protection. The Tribunal found that the applicant was a member of a particular social group, defined as a single woman from a poor background with a disability and mental illness, with little or no family support after a long absence. It concluded that Australia had protection obligations towards the applicant under section 36(2)(a) of the Act.

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