1833740 (Refugee)

The applicant sought a protection visa, asserting a fear of harm due to inadequate medical treatment in Cambodia and the potential inability to subsist. The applicant's half-sister is an Australian citizen, and the applicant argued that removal from Australia would cause serious, ongoing, and irreversible harm to this Australian citizen. The matter came before Deputy President Denis Dragovic.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa, specifically whether there was a real chance of the applicant suffering serious harm upon return to Cambodia, considering their medical condition and ability to subsist. A related issue was whether the circumstances warranted Ministerial Intervention due to strong compassionate grounds, particularly the impact on the Australian citizen.

The Deputy President considered the potential harm to the Australian citizen, noting that a decision requiring the applicant to leave Australia would result in the Australian citizen losing her mother or having to relocate to Cambodia. The Deputy President concluded that either outcome would cause serious, ongoing, and irreversible harm to the Australian citizen. Consequently, the Deputy President referred the matter to the Department, while affirming the decision not to grant the applicant a protection visa.