1711633 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by four individuals who were citizens of Mexico. The applicants claimed they had been subjected to threats to their personal safety, including kidnapping and extortion, by criminal groups in Mexico, and that they feared for their lives due to rampant gang crime. They asserted that relocation within Mexico was not a viable option due to the widespread nature of organised crime.

The Tribunal was required to determine whether the applicants met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth) and Schedule 2 of the Migration Regulations 1994 (Cth). Specifically, the Tribunal had to assess whether the applicants were persons in respect of whom Australia had protection obligations under the 'refugee' criterion or 'complementary protection' grounds, and whether their fears of harm were convention-related. The Tribunal also considered whether the applicants belonged to a particular social group that placed them at risk of persecution.

The Tribunal accepted the applicants' evidence, finding that they were affluent professionals from Mexico who had been targeted for extortion due to their wealth. It was accepted that they had experienced threats of kidnapping and feared for their safety due to rampant gang crime in their home area. The Tribunal concluded that the applicants belonged to the particular social group of "wealthy [occupation] in Mexico, or affluent professionals in Mexico," and that their children belonged to the group "children of wealthy [occupation] in Mexico or children of affluent professionals." Consequently, the Tribunal found that the applicants' fears of harm were convention-related, meaning Australia had protection obligations towards them.