1838195 (Refugee)

The matter before the Federal Circuit Court concerned an application for a protection visa by a Rohingya Muslim woman from Myanmar. The applicant claimed she had fled her home country due to persecution based on her ethnicity and religion, as well as experiences of domestic violence and fear of harm if returned. The delegate had previously refused the application, and the applicant sought review of that decision.

The primary legal issue before the court was whether the applicant had established that she was a person to whom Australia had protection obligations under section 36(2)(a) of the *Migration Act 1958* (Cth). This required the court to consider whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether the harm feared was significant. The court also had to assess the credibility of the applicant's claims, including allegations of government-sponsored violence against Rohingya Muslims, attacks on homes, and domestic violence.

The court considered evidence including the applicant's statements from her entry interview and a statutory declaration, as well as country information from the US State Department and submissions regarding UNHCR guidelines. The court found that the applicant's claims of persecution due to her Rohingya ethnicity and Muslim faith were credible, supported by country information detailing systemic discrimination and violence against this group. Furthermore, the court accepted that the applicant had experienced domestic violence and that there was a lack of state protection against such harm in Myanmar. The court concluded that the applicant had a well-founded fear of significant harm if returned to Myanmar, satisfying the criteria for protection obligations.

Consequently, the court remitted the matter for reconsideration with a direction that the applicants satisfy section 36(2)(a) of the *Migration Act*.