1732285 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Immigration and Border Protection's decision to refuse the applicant a protection visa. The applicant, a national of Iraq and a Sunni Muslim, had previously been married and divorced, had completed tertiary qualifications, and had a history of employment, including in roles linked to the Iraqi government and a project funded by the country of [Country 2]. She claimed to have faced intimidation and accusations of being a spy upon her return to Iraq after training in [Country 2], and had also experienced difficulties related to her divorce and custody of her daughter.

The court was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), specifically whether she was a refugee with a well-founded fear of persecution for reasons of membership of a particular social group. The legal issues included assessing the applicant's claims of harm and intimidation in Iraq, considering the country information regarding the situation of women, particularly single divorced women without male protection, and evaluating whether any feared persecution would be for an essential and significant reason, involve serious harm, and constitute systematic and discriminatory conduct.

The court found that while the applicant's education and employment history might suggest a stronger position compared to other Iraqi women, this did not shield her from the potential harms faced by single, divorced women without male protection in Iraq. The court accepted the applicant's account of her personal circumstances, including her divorce, limited contact with her daughter, and the presence of her elderly mother and sister in Baghdad, noting that these women would live without a man in the household. Considering the available country information, which presented a grim picture for women in similar circumstances, and exacerbated by the applicant's documented mental health issues, the court concluded that there was a real chance the applicant would face significant physical harassment and ill-treatment amounting to serious harm. This harm was considered systematic and discriminatory, and the essential and significant reason for her fear was her membership in the particular social group of single divorced women without male protection in Iraq, with the risk applying to all areas of Iraq.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth), finding that she has a well-founded fear of persecution and is a person in respect of whom Australia has protection obligations.