1712070 (Refugee)

The applicant, a citizen of Papua New Guinea, sought a protection visa in Australia following her arrival in December 2016. She claimed to be at risk of harm, including violence, abduction, torture, sexual assault, and forced marriage, due to her status as a single woman, her tribal membership, and her father's political profile. The applicant also asserted that internal relocation was not a viable option and that the police in her home country were unable to provide effective protection, being susceptible to corruption and favouring customary dispute resolution methods. The matter was before the Tribunal for reconsideration.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by the Migration Act 1958. Specifically, the Tribunal needed to assess if the applicant's fear of harm as a single woman, potentially linked to unresolved bride price issues, and her tribal affiliations constituted membership of a particular social group, and whether the state in Papua New Guinea was willing and able to offer effective protection. The Tribunal also considered the applicant's claims of past trauma and mental health issues arising from alleged violence.

The Tribunal concluded that the matter should be remitted for reconsideration, finding that the applicant satisfied the criteria under s.36(2)(a) of the Migration Act, meaning Australia had protection obligations towards her because she was a refugee. This decision implies that the Tribunal was satisfied that the applicant possessed a well-founded fear of persecution, that the reasons for this fear were essential and significant, that the persecution involved serious harm, and that it involved systematic and discriminatory conduct. The Tribunal also implicitly found that effective protection measures were not available to the applicant in Papua New Guinea.