1826318 (Refugee)

The applicant, a Rohingya Muslim woman, sought a protection visa, claiming persecution based on her ethnicity, religion, and status as an unaccompanied woman. The primary dispute concerned the credibility of her claims, particularly her assertion of statelessness and her voluntary returns to Myanmar. The case was before the Tribunal for reconsideration of a previous decision.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) (refugee criterion) or section 36(2)(aa) (complementary protection criterion), or if she was a member of the same family unit as someone who met these requirements. Specifically, the Tribunal had to determine if she had a well-founded fear of persecution on the grounds of imputed political opinion, religion, or membership of a particular social group, and if any such persecution would involve significant harm.

The Tribunal considered extensive country information regarding the political situation in Myanmar, including the coup, violent suppression of protests, and widespread conflicts. It also took into account the Refugee Law Guidelines and Complementary Protection Guidelines. While the delegate had found the applicant's claim of statelessness not credible, the Tribunal concluded that the applicant feared persecution for reasons including her imputed political opinion, religion, and status as an unaccompanied woman. Given the country information, the Tribunal found a real chance that she would be persecuted upon return to Myanmar, that such persecution would involve serious harm, and that effective protection measures would not be available. The Tribunal also found that her reasons for fearing persecution were the essential and significant reasons for her potential persecution.

Consequently, the Tribunal remitted the decision under review for reconsideration.