1715125 (Refugee)

This matter concerned an application for a protection visa by an applicant from Peru. The applicant had been a member of the "Ideas Regional Political Movement" (Fujimorism) party and had stood as a candidate in local elections in 2006. During her campaign, she and other party members received death threats, and she narrowly avoided an attempted kidnapping. Following the election, which she did not win, she returned to work and was subsequently assaulted by a co-worker from a rival political party. The case came before the Tribunal for review.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) (the "refugee criterion") or section 36(2)(aa) (the "complementary protection" criterion). This required the Tribunal to determine if the applicant had established that she was a person to whom Australia had protection obligations, based on her claims and the evidence presented. The Tribunal was also required to consider relevant guidelines, including the 'Refugee Law Guidelines' and 'Complementary Protection Guidelines'.

The Tribunal considered the applicant's claims, including her political activities and the threats and violence she experienced. It noted that while the applicant had been subjected to threats and an assault, these events did not amount to persecution for a Convention reason. The Tribunal found that the threats received during the election campaign, while serious, were not sufficiently targeted or indicative of a pattern of persecution based on political opinion. Similarly, the assault by a co-worker was not considered to be persecution by the state or an agent of the state, nor was it deemed to be "selective harassment" that would engage protection obligations. The Tribunal concluded that the applicant had not established that she was a person to whom Australia had protection obligations.

The Tribunal affirmed the decision under review, meaning the applicant's claim for a protection visa was not granted.