1826674 (Refugee)

The applicant, a citizen of the Republic of Korea, sought a protection visa in Australia. The dispute centred on whether the applicant had a well-founded fear of persecution or would suffer significant harm if returned to South Korea. The Administrative Appeals Tribunal was tasked with determining the applicant's eligibility for protection.

The primary legal issues before the Tribunal were whether the applicant constituted a member of a "particular social group" as defined by the *Refugee Convention*, and whether she faced a real risk of suffering significant harm if returned to South Korea, thereby meeting the criteria for complementary protection. Specifically, the Tribunal had to consider the applicant's claim that she belonged to a social group of individuals who had lived overseas for an extended period, making them unfamiliar with contemporary social norms and thus vulnerable to social exclusion or "Wang dda" (social bullying) upon return.

The Tribunal's reasoning focused on the applicant's past experiences and the evidence presented regarding the situation in South Korea. It was noted that the applicant had not experienced past harm in South Korea. The Tribunal considered the applicant's assertion that changes in South Korean society, coupled with her prolonged absence, would lead to social exclusion and bullying. However, the Tribunal found that the applicant had not established that she would face a real risk of significant harm or persecution upon return. The Tribunal's findings indicated that the applicant had lived in South Korea for periods, had family there, and had not experienced harm during her returns. The Tribunal also considered the applicant's ability to speak Korean and her existing family ties in Australia.

The Tribunal affirmed the delegate's decision, finding that the applicant did not meet the criteria for a protection visa. The applicant's claim of belonging to a particular social group and facing a real risk of significant harm was not substantiated to the Tribunal's satisfaction.