1818153 (Refugee)

The applicant, who arrived in Australia in April 2018, sought review of a decision concerning her application for a Protection (Class XA 866) visa. The dispute centred on whether the applicant met the criteria for the grant of this visa, specifically whether Australia had protection obligations towards her. The matter was heard by a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine if the applicant was a person in respect of whom Australia owed protection obligations, either because she was a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth) or because she faced a real risk of significant harm if removed from Australia under section 36(2)(aa) of the Act. This required assessing whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether she would suffer significant harm as a necessary and foreseeable consequence of removal.

The Tribunal considered the applicant's claims regarding her marriage, her husband's murder, and subsequent alleged persecution by Ugandan authorities, including detention and torture. It also had regard to the applicant's stated fear of reprisal from security agents and the victim's first wife. After reviewing the evidence and the relevant provisions of the *Migration Act*, including definitions of refugee, well-founded fear of persecution, significant harm, torture, and cruel or inhuman treatment, the Tribunal concluded that the applicant was a person in respect of whom Australia had protection obligations under the Refugees Convention.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criterion set out in section 36(2)(a) of the *Migration Act 1958* (Cth).