1729381 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a protection visa. The applicant, who is from South Korea, claimed to fear persecution upon return due to being a single woman facing potential arranged marriage and family violence, and also due to severe mental health issues. The Tribunal was tasked with determining whether Australia owed protection obligations to the applicant under section 36(2)(aa) of the *Migration Act 1958* (Cth).

The central legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution for reasons of membership of a particular social group, as defined by section 5L of the *Migration Act*, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal, she would suffer significant harm. This involved assessing whether the identified social group met the criteria of having a shared characteristic that was innate, immutable, or fundamental to identity, and whether this characteristic distinguished the group from society. The Tribunal also had to consider the applicant's delay in applying for the protection visa, her return visit to South Korea, and her employment during that visit, in the context of whether effective protection measures were available to her in South Korea.

The Tribunal found that the applicant satisfied the criteria under section 36(2)(aa) of the *Migration Act*. This conclusion was reached after considering the specific circumstances of the applicant, including her status as a single woman in South Korea and the potential for family violence and forced marriage, which could constitute membership in a particular social group. The Tribunal also took into account the applicant's mental health issues and the potential for serious harm upon return. The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(aa).