1723509 (Refugee)

This matter concerned a protection visa application made by a husband and his two children, following the death of the primary applicant, the wife and mother. The applicants, citizens of Colombia, claimed they feared harm upon return to Colombia due to the wife's prior experiences. The wife had alleged that while operating a kiosk in a public park in Cali, she was pressured and threatened by a criminal gang linked to terrorist groups to sell illegal drugs. The applicants also cited general economic and security concerns in Colombia.

The court was required to determine whether the applicants met the criteria for a protection visa, specifically whether they faced a real risk of significant harm if returned to Colombia. This involved assessing the credibility of the claims made by the deceased primary applicant and considering whether the threats she faced, which occurred over eight years prior to the review, posed a continuing or foreseeable risk to the husband and children. The court also had to consider the general country information regarding human rights concerns, armed groups, and access to justice in Colombia.

The court accepted that the deceased primary applicant's claims of being pressured and threatened by a criminal gang to sell drugs were credible and consistent with available country information. However, the court found that neither the husband nor the children had been directly exposed to any threats or pressure from the criminals or terrorists. Crucially, the incidents had occurred over eight years prior, the applicants had remained overseas since that time, and the kiosk had not been operated by the primary applicant since then. Consequently, the court reasoned that there was no basis to conclude that the gangs would retain any interest in the applicants or that their return to Colombia would attract attention. The court also noted that the applicants had established a life in Australia, with the husband having a second marriage and the possibility of applying for a partner visa, and the children having established educational and social connections.

The court affirmed the decision under review, finding that the applicants had not established a real risk of significant harm upon return to Colombia.