1723852 (Refugee)

This matter concerned an application for a Protection (Class XA) (Subclass 866) visa by a citizen of Albania. The applicant sought protection on the grounds of fearing harm from an ex-partner upon return to Albania, alleging that the state would not provide adequate protection. The applicant also claimed to be a member of a particular social group. The Tribunal was required to determine whether Australia owed protection obligations to the applicant under section 36 of the *Migration Act 1958* (Cth).

The Tribunal was tasked with considering the applicant's claims of domestic violence and fear of harm from her ex-partner, and whether these claims established her as a person in respect of whom Australia had protection obligations. This involved assessing the credibility of the applicant's evidence regarding the alleged abuse and her ongoing fear, despite the passage of time since the relationship ended and her departure from Albania. The Tribunal also had to consider the applicant's concession that she no longer met the criteria for protection, as it had been over 10 years since she lived in Albania and she no longer believed she would be in danger there.

The Deputy President, Jan Redfern P, reviewed the evidence, including the applicant's submissions, departmental records, and previous tribunal hearings. While acknowledging the potential for defining the particular social group as "women in Albania who are subject to domestic violence," the Deputy President determined the matter based on the credibility of the applicant's claims of domestic violence and fear. The Deputy President found the applicant's claims not to be credible, noting inconsistencies in her evidence, particularly regarding her ability to live safely in her village after leaving her ex-partner with the protection of her family. Despite the applicant's concession that she no longer met the protection criteria, the Tribunal was obliged to conduct the review.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a Protection (Class XA) (Subclass 866) visa. The Deputy President was not satisfied about the credibility of the applicant's claims and concluded that Australia did not have protection obligations towards her under section 36 of the *Migration Act 1958* (Cth).