1712387 (Refugee)

The Administrative Appeals Tribunal considered the protection visa applications of a woman and her children. The applicant claimed to fear harm in Papua New Guinea due to her experiences with her former husband, who had been violent towards her and their children. The applicant did not articulate a Convention ground for her fear but argued her claims were connected to the particular social group of "women in Papua New Guinea" and/or "women in Papua New Guinea who have suffered family violence."

The Tribunal was required to determine whether the applicant and her children met the criteria for a protection visa, specifically whether they had a well-founded fear of persecution for a Convention reason or whether Australia had complementary protection obligations towards them. This involved assessing whether the identified social group constituted a "particular social group" under the Migration Act 1958 (Cth) and whether the applicant could access effective protection in Papua New Guinea, including through internal relocation.

The Tribunal accepted that "women in Papua New Guinea" and "women in Papua New Guinea who have suffered family violence" could be considered particular social groups, identifiable by common characteristics other than a shared fear of persecution, and that the applicant was a member of such a group. It found that the applicant's fear of harm was connected to this group, given her history of family violence. The Tribunal also considered the systemic failure of the police to provide protection and the applicant's inability to relocate within Papua New Guinea due to her husband's family connections. Based on these findings, the Tribunal was satisfied that Australia had protection obligations towards the applicants.

The Tribunal remitted the matter for reconsideration with a direction that the first applicant satisfied section 36(2)(a) of the Migration Act, and the other applicants satisfied section 36(2)(b)(i) on the basis of their membership in the same family unit.