1827752 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by a woman from Uganda. The applicant claimed she feared harm from her ex-husband, authorities, and the community due to her experiences of violence during her marriage and her association with the LGBTI community. The delegate of the Department had refused to grant the visa.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of membership of a particular social group, specifically as a divorced woman and a perceived member of the LGBTI community, and whether Australia had protection obligations towards her under section 36(2)(a) of the *Migration Act 1958*. This involved assessing the credibility of her claims, the authenticity of supporting evidence, and whether effective protection measures were available to her in Uganda.

The Tribunal found that the applicant's claims were credible and supported by evidence, including statements from organisations and details of her marriage and subsequent abuse. It noted that her ex-husband continued to contact their children and the applicant's mother, and that he refused to recognise the Australian divorce. The Tribunal considered country information regarding gender-based violence and the limited treaty rights for entry into neighbouring countries. Applying the principles of section 5J of the *Migration Act*, the Tribunal was satisfied that the applicant had a well-founded fear of persecution.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act*, meaning Australia has protection obligations towards her.