1714768 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa made by a delegate of the Minister. The applicant, a citizen of Zimbabwe, claimed she feared persecution as a member of a particular social group: women in Zimbabwe without resources, support, or protection, who possess specific vulnerabilities. These vulnerabilities included being a single, young, white woman with a chronic medical condition (type 1 diabetes), which she argued placed her at a higher risk of gender-based persecution and discrimination in Zimbabwe. The applicant contended that the Zimbabwean authorities could not or would not provide reasonable protection from harm.

The Tribunal was required to determine whether the applicant engaged Australia's protection obligations under section 36(2)(a) of the *Migration Act 1958* (Cth) due to her membership in the identified particular social group. This involved assessing the credibility of her claims and the evidence presented, including country information regarding inadequate medical services, gender-based violence, and police inaction in Zimbabwe. The Tribunal also considered the applicant's personal circumstances, including past incidents affecting her family and her upbringing in an environment where single women lacked independent protection.

The Tribunal found the applicant to be a credible witness and accepted all aspects of her evidence. It was satisfied that she was genuinely dependent on her father for a longer period than a comparable Australian citizen, reflecting her upbringing in a male-dominated society. The Tribunal considered the applicant's description of break-ins, thefts, and the assault of her mother, alongside the documented disinterest and inability of the local police to provide assistance. Coupled with country information indicating systemic issues of gender-based discrimination and inadequate medical services, the Tribunal concluded that the applicant's fears were not remote, insubstantial, or far-fetched.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth).