1817963 (Refugee)

The applicant, a national of Sierra Leone, sought a protection visa, claiming a well-founded fear of persecution due to her sexuality as a lesbian. The dispute concerned whether Australia had protection obligations towards her, specifically whether she met the criteria for being a refugee under the Migration Act 1958 (Cth). The matter was heard by a Member of the Tribunal, Rachel Da Costa.

The central legal issue before the Tribunal was to determine if the applicant was a person in respect of whom Australia owed protection obligations. This required assessing whether she had a well-founded fear of persecution for reasons of membership of a particular social group, namely being a homosexual in Sierra Leone, and whether effective protection measures were available to her in that country. The Tribunal also considered the applicant's credibility as a witness and the evidence presented regarding her experiences in Sierra Leone.

The Tribunal found the applicant to be an honest and credible witness, whose oral evidence was consistent with her written claims and indicated personal experience. It was satisfied that the applicant was a national of Sierra Leone and that this was her receiving country. Applying the principles of the Migration Act, the Tribunal considered the applicant's fear of persecution for being a lesbian in Sierra Leone, a country where such identity is prohibited and where she had experienced violence and a lack of protection from authorities. The Tribunal concluded that the applicant had a well-founded fear of persecution and that effective protection measures were not available to her.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Migration Act, meaning Australia has protection obligations towards her as a refugee.