1724689 (Refugee)

The applicant, who was raised as a Muslim and married to a Christian, sought a Protection visa on the grounds of fearing harm in Tanzania. The applicant claimed to have converted to Christianity, faced disapproval from her family, and feared forced female genital mutilation by a radicalised cousin. The delegate refused the protection claim, and this decision was under review by the Tribunal.

The Tribunal was required to determine whether the applicant was a person in respect of whom Australia had protection obligations under the 'refugee' criterion or on complementary protection grounds. It also considered whether the applicant was a member of the same family unit as a person in respect of whom Australia had protection obligations. The Tribunal noted that a claimed fear of persecution or risk of harm does not, in itself, establish the genuineness or well-foundedness of that fear or risk, nor that it is for a claimed reason. The onus remained on the applicant to satisfy the Tribunal of all statutory elements, providing sufficient detail and evidence to establish their claim.

The Tribunal applied the principle that an applicant must establish their case, and a decision-maker is not obliged to make the case for them or uncritically accept all allegations. The Tribunal considered the provisions of section 36(2B) of the Act, which outlines circumstances where a real risk of significant harm is not considered to exist, such as where relocation to a safe area is reasonable, protection can be obtained from an authority, or the risk is faced by the general population and not personally by the applicant. The Tribunal also acknowledged the importance of adopting a reasonable approach to credibility findings, referencing relevant case law.

Ultimately, the Tribunal found no suggestion that the applicant satisfied the criteria based on being a member of the same family unit as a person who met the protection obligations. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.