1820054 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa, who had arrived in Australia in March 2018. The applicant claimed to be an activist for the All People's Congress (APC) in Sierra Leone and alleged that she and her family had been subjected to severe political violence, including physical assault, attempted rape, and the destruction of her home and property, by supporters and officials of the Sierra Leone People's Party (SLPP) and the police. She expressed a fear of being killed if returned to Sierra Leone due to her political activities and stated that relocation within the country was not a viable option due to pervasive danger.

The Tribunal was required to determine the credibility of the applicant's claims and whether, on the accepted facts, she met the criteria for the grant of a protection visa under the Migration Act 1958. Specifically, the Tribunal had to assess if the applicant had a well-founded fear of persecution for reasons of political opinion, as defined by the Act, or if she would suffer significant harm as a necessary and foreseeable consequence of being removed from Australia, thereby meeting the complementary protection criterion.

The Tribunal considered the applicant's account of events, including the alleged attacks on her home and family, and her fear of returning to Sierra Leone. It also took into account relevant guidelines and country information. Ultimately, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa, nor did she fall within the provisions for family members of a protection visa holder.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a protection visa.