1819495 (Refugee)

This matter concerned an appeal by a female applicant from Sierra Leone against a decision of the Refugee Tribunal. The applicant sought a protection visa, claiming she feared persecution and harm, including death, if returned to Sierra Leone. Her claims centred on her refusal to undergo female genital mutilation (FGM) as mandated by the Bondo Society, led by her maternal grandmother. The applicant alleged she had been threatened, kidnapped, and beaten by members of the society, and that her sister and daughter were also at risk.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires the Minister to be satisfied that Australia has protection obligations because the person is a refugee. This involved determining if the applicant had a well-founded fear of persecution for reasons of membership of a particular social group, specifically women who refuse to undergo FGM. The court also considered the complementary protection criterion under section 36(2)(aa), which applies if there are substantial grounds for believing that, as a necessary and foreseeable consequence of removal, the applicant faces a real risk of suffering significant harm.

The court considered the applicant's evidence, noting that while some responses were evasive, the overall evidence was generally consistent with her claims. It took into account country information indicating the widespread prevalence and traditional acceptance of FGM in Sierra Leone, as well as official toleration or support for the practice. The court recognised FGM as a form of gender-based violence causing long-term physical and mental harm. It also noted that treaty rights to enter neighbouring countries were limited in practice and that economic conditions for single women were difficult. The court found that the applicant's fear of persecution was well-founded, and that she was a member of a particular social group.

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