1801300 (Refugee)

The applicant, a divorced woman from Papua New Guinea, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse her application for a protection visa. The applicant claimed to fear harm from her family and tribe members due to accusations of sorcery and the associated harassment, threats, and discrimination directed at her and her family. The Federal Circuit Court had previously remitted the matter for redetermination.

The primary legal issue before the court was whether the applicant was a member of a particular social group, as defined by the *Migration Act 1958* (Cth), and whether she had a well-founded fear of persecution for reasons of membership of that group. Specifically, the court had to consider whether the applicant's status as a divorced woman accused of sorcery, and the resulting fear of harm from her family or tribe, constituted a protected ground for a protection visa. The court also had to assess the credibility of the applicant's claims, particularly in light of vague evidence regarding an earlier incident.

The court considered country information indicating that police in Papua New Guinea were unlikely to intervene in tribal disputes, suggesting a lack of effective protection. The court found that the applicant's fear of harm from her family and tribe members, stemming from accusations of sorcery and the direct and indirect harassment she and her family had experienced, including the killing of two women and the attack on her son, was credible. The court concluded that the applicant was a member of a particular social group and had a well-founded fear of persecution.

The court set aside the decision under review and remitted the application to the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs for reconsideration according to law.