1722928 (Refugee)

This matter concerned an application for a protection visa by a young woman from Papua New Guinea. The applicant's initial application was refused by the delegate, and this decision was affirmed by the Refugee Review Tribunal. The applicant appealed to the Federal Circuit Court of Australia, which remitted the matter back to the Tribunal for reconsideration according to law.

The core legal issues before the Tribunal were whether the applicant met the criteria for a protection visa, and if not, whether she was entitled to complementary protection. The applicant claimed she feared harm upon return to Papua New Guinea due to her membership in her maternal family, which was perceived by other families as responsible for the deaths of two individuals. These families allegedly believed sorcery was involved and sought revenge.

The Tribunal considered the applicant's claims in light of Ministerial Direction No. 56, which mandates consideration of relevant guidelines and country information. The applicant alleged fear of harm from the family of Mr J, who believed her grandmother's partner used sorcery to cause his death, and from the family of Mr S, who believed her maternal family was responsible for his murder, also allegedly due to sorcery. The Tribunal noted that country information supported the applicant's claims and acknowledged potential credibility issues arising from the applicant's difficulty in articulating her claims, particularly given her joint application with siblings which was initially assessed as not being a family unit.

The Tribunal concluded that the decision under review should be remitted for reconsideration.