1801362 (Refugee)

This matter concerned a protection visa application made by three applicants who relied on their membership of the family unit of the primary applicant, Mr A. The dispute centred on whether the applicants would face persecution or significant harm if returned to Iraq. The decision was made by the Tribunal.

The Tribunal was required to determine two primary issues. First, whether there was a real chance that the applicants would be persecuted for one or more of the five prescribed reasons under section 5J(1)(a) of the *Migration Act 1958* (Cth) for the purposes of section 36(2)(a) of the Act. Second, if they did not meet the refugee criterion, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of their removal to Iraq, they would suffer significant harm, pursuant to section 36(2)(aa) of the Act.

The Tribunal considered the applicants' claims in light of Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information. The applicants, who are of Arab ethnicity and Shia Muslim religion, claimed they would face persecution due to their religion and ethnicity, and potentially as members of a particular social group, such as young, single women in Iraq or young women with Western values who do not wear a hijab. The Tribunal found that the third applicant satisfied the criteria under section 36(2)(a) of the Act, indicating a real chance of persecution.

The Tribunal remitted the decision under review.