1806986 (Refugee)

This matter concerned an application for a protection visa by a Cambodian national. The applicant claimed to fear serious harm from the ruling Cambodian People’s Party (CPP) due to her past support for an opposition party in Cambodia and her ongoing political activities in Australia, as well as her partner's political activism. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for a protection visa.

The central legal issue before the AAT was whether the applicant had a well-founded fear of persecution for reasons of political opinion, as defined by section 5J of the *Migration Act 1958* (Cth), or whether she faced a real risk of significant harm as a consequence of being removed from Australia, pursuant to section 36(2)(aa) of the Act. This involved assessing the credibility of her claims, the evidence of her political activities in Australia, and the country information regarding the risks faced by opposition supporters in Cambodia.

The AAT considered extensive evidence, including statements from the applicant and her partner, country information from various sources, and documents detailing the partner's participation in protests and online commentary critical of the Cambodian government. The Tribunal noted that the applicant had left Cambodia in 2010 without apparent difficulty and that her initial claims to the Department did not satisfy the delegate. However, the AAT found that the applicant's attendance at political meetings and protests in Australia, along with her partner, and the documented threats made against such activists, provided a basis for her fear. The Tribunal applied the principles of Ministerial Direction No. 84, considering the Refugee Law Guidelines and Complementary Protection Guidelines, and concluded that the applicant had established a well-founded fear of persecution for reasons of political opinion.

The AAT remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958*.