1900338 (Refugee)

The applicant sought review of a decision concerning her protection visa application. The applicant, a Venezuelan national, claimed to fear persecution due to her support for the Primero Justicia Party and her involvement in anti-government protests. She also alleged that she was targeted by irregular armed gangs demanding extortion payments from business owners, which led to threats against her and her family, and the death of her father. The applicant further contended that if returned to Venezuela, she would face discrimination due to her relationship with an Australian citizen of Muslim faith and the birth of their child.

The primary legal issues before the court were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person in respect of whom Australia has protection obligations due to a real risk of significant harm upon removal. This involved assessing the applicant's well-founded fear of persecution for reasons of political opinion and the availability of effective protection measures in Venezuela, as well as the meaning and application of "significant harm" and the exceptions to it, including the possibility of internal relocation.

The court considered the applicant's claims of threats and extortion by criminal gangs, her participation in political rallies, and the alleged inability of Venezuelan authorities to provide protection. It also examined the applicant's assertion that she would face discrimination in Venezuela due to her relationship and child with an Australian citizen. The court found that the applicant could not relocate within Venezuela to avoid the harm she feared, as the state was the responsible actor for the threats. Consequently, the court was satisfied that the applicant was a person to whom Australia had protection obligations under section 36(2)(a) of the Act.

The matter was remitted for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act*.