1821278 (Refugee)

[2023] AATA 4356

1821278 (Refugee) [2023] AATA 4356 (22 September 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

REPRESENTATIVE:Ms Judith Dixon (MARN: 0426459)

CASE NUMBER:  1821278

COUNTRY OF REFERENCE:                   Cameroon

MEMBER:Nora Lamont

DATE AND TIME OF

ORAL DECISION AND REASONS:         22 September 2023 at 12:15 pm (VIC time)

DATE OF WRITTEN RECORD:                16 October 2023

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal remits the decision under review with the direction that the applicant satisfies s 36(2)(a).

CATCHWORDS

REFUGEE – protection visa – Cameroon – Federal Circuit Court remittal – particular social group – homosexual men – applicant’s partner murdered – physical assault – state protection – decision under review remitted

LEGISLATION

Migration Act 1958, s 36
Migration Regulations 1994

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependants.

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Border Protection on 19 July 2016 to refuse to grant the applicant a protection visa under the Migration Act 1958 (Cth) (the Act).

2. At the hearing on 22 September 2023 the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

   STATEMENT OF DECISION AND REASONS

3. This is an application by [the applicant’s name], file number 1821278. These are my findings.

4. In respect to you, I find the following. You are a citizen of Cameroon, and Cameroon is your receiving country. You left Cameroon because you fear persecution on the basis of your membership of a particular social group, homosexual men in Cameroon. Your partner was murdered, and you were injured by a mob in 2012 because you are a gay man.

5. I accept that you have a fear of returning to Cameroon and that you fear you will be targeted by the government due to your homosexuality, which is illegal in Cameroon.

6. Overall, I accept your claims as to what you say happened to you when you were living in Cameroon. I have balanced your claims individually and cumulatively with the available country information which states homosexuality is illegal in Cameroon and socially stigmatised and unacceptable. For these reasons, I have found I am satisfied that you fear being persecuted for reasons of your membership of a particular social group, homosexual men in Cameroon.

7. You cannot relocate within Cameroon as the fear is not localised, and as being a gay man in Cameroon is illegal and stigmatised you fear the authorities of this country, and you will not be afforded state protection.

8. For the reasons given above, I am satisfied that you are a person in respect of whom Australia has protection obligations. Therefore, I find you satisfy the criterion set out in s 36(2)(a) of the Migration Act 1958.

9. I remit the matter for reconsideration with the direction that you satisfy s 36(2)(a) of the Migration Act 1958.

   DECISION

10. The Tribunal remits the decision under review with the direction that the applicant satisfies s 36(2)(a).

    Nora Lamont
    Member