1814496 (Refugee)

The Administrative Appeals Tribunal considered the protection visa application of a woman from Iraq. The applicant claimed she feared harm due to her religion, gender, imputed political opinions stemming from her work as a [Occupation 1] and her son's association with a prominent [Occupation 2] who was assassinated. She also feared harm due to her son's perceived collaboration with Western forces and the potential for her family to be kidnapped for ransom.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) (the Act) by having a well-founded fear of persecution, or alternatively, whether she met the complementary protection criterion under section 36(2)(aa) of the Act, facing a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia. The Tribunal was required to assess the credibility of the applicant's claims and consider the relevant country information regarding the security situation in Iraq, the prevalence of gender-based violence, and the activities of various militia groups.

The Tribunal's reasoning focused on the applicant's stated fears and the supporting country information. It noted that the applicant's son had fled Iraq due to threats, and that a relative, [Mr B], who spoke out against extremism, had been assassinated. The applicant had also received threatening letters, including one from the Al-Aqeeda Corps Shia militia group, which she believed was responsible for [Mr B]'s assassination. The Tribunal considered evidence suggesting that the Popular Mobilisation Forces (PMF), an umbrella organisation for Shia militias, were active in the applicant's home town and had infiltrated the Iraqi police. The Tribunal also took into account a medical letter indicating the applicant suffers from mild cognitive impairment, which may explain any omissions in her statement. The Tribunal found that the applicant's fears were not far-fetched or fanciful, particularly in light of country information detailing the pervasive nature of gender-based violence, the inadequacy of legal protections for women, and the significant influence and activities of militia groups like the PMF, some of whom allegedly engage in killings, kidnapping, and extortion.

The Tribunal found that the applicant had not established a well-founded fear of persecution under section 36(2)(a) of the Act. However, it was satisfied that there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, the applicant would suffer significant harm. Accordingly, the Tribunal set aside the delegate's decision and remitted the matter to the delegate to grant a protection visa.