1715978 (Refugee)

The applicants sought review of a delegate's decision that they were not persons to whom Australia owed protection obligations. The delegate had accepted that the applicant feared harm on the grounds of race, membership of the particular social group "females in Papua New Guinea," and imputed political opinion. However, the delegate found that the applicant would not face a real chance of persecution for these reasons, particularly in light of country information suggesting a relatively calm security situation in Bougainville and the availability of "effective male protection" from her husband and sons. The delegate also found that any harassment faced on the mainland would not amount to persecution and was not satisfied that the applicant was owed complementary protection.

The primary legal issue before the Tribunal was whether the applicants were persons to whom Australia owed protection obligations under section 36(2)(a) of the *Migration Act 1958* (Cth), meaning they were refugees due to a well-founded fear of persecution. This required the Tribunal to consider whether the fear of persecution was for a prescribed reason, whether there was a real chance of persecution upon return to Papua New Guinea, and whether effective protection measures were available. The Tribunal also had to consider the definition of "serious harm" as outlined in section 5J(5) of the Act.

The Tribunal found that the applicants did satisfy the criterion in section 36(2)(a) of the *Migration Act*. While the specific reasoning for this satisfaction is not detailed in the provided text, it is evident that the Tribunal was ultimately persuaded by the evidence presented, which included legal submissions, statutory declarations, and documents relating to the applicant's father's involvement with the Papua New Guinea Defence Force and compensation claims, as well as evidence of burnt properties and the husband's injury. The Tribunal remitted the matter for reconsideration with a direction that the applicants satisfy section 36(2)(a).