1727467 (Refugee)

This matter concerned an application for a protection visa by a national of Papua New Guinea. The applicant arrived in Australia in May 2014 and applied for a protection visa in June 2016. Her application was refused by a delegate of the Minister for Home Affairs in October 2017, and she subsequently sought merits review of that decision. The applicant claimed she had been subjected to domestic and family violence, including sexual abuse and threats of death, by her adoptive uncle, Mr A, and his associates in Papua New Guinea. She asserted that she feared she would suffer significant harm, including sexual and physical abuse and potential death, if returned to her home country.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) (the Act), and if not, whether she was entitled to complementary protection under section 36(2)(aa) of the Act. The Tribunal was required to consider the applicant's claims of past abuse and the real risk of future harm upon removal from Australia, taking into account relevant guidelines and country information.

The Tribunal affirmed the delegate's decision to refuse the protection visa. While acknowledging the applicant's claims of abuse, the Tribunal found that she did not satisfy the refugee criterion under section 36(2)(a). Furthermore, the Tribunal concluded that the applicant did not satisfy the criterion for complementary protection under section 36(2)(aa), as it was not satisfied that there was a real risk of significant harm as a necessary and foreseeable consequence of her removal from Australia. The Tribunal also noted that the applicant did not satisfy section 36(2) on the basis of being a member of the same family unit as a person who held a protection visa.