1806214 (Refugee)

The applicant sought a protection visa, claiming fear of persecution in Papua New Guinea (PNG) due to tribal fighting and, alternatively, fear of significant harm from her husband and his family. The case was heard by Bridget Cullen of the Tribunal.

The central legal issue before the Tribunal was whether the applicant met the definition of a refugee under s.5H(1) of the Migration Act 1958 (Cth), or alternatively, whether Australia had protection obligations towards her under s.36(2)(aa) of the Act, meaning there were substantial grounds for believing she would suffer significant harm if removed to PNG.

The Tribunal considered the applicant's claims of domestic violence, including alleged assaults by her husband in Australia and threats of rape and murder, alongside her initial claims of fear related to tribal fighting in PNG. The Tribunal applied the "real risk" test for significant harm, noting its equivalence to the "real chance" test for well-founded fear. It also took into account relevant guidelines and country information. Ultimately, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.

The Tribunal affirmed the decision not to grant the applicant a protection visa.