1902044 (Refugee)

This matter concerned an application for protection by a family from Caracas, Venezuela. The applicant claimed to have suffered past extortion and kidnapping, and to have opposed the Maduro government, alleging threats from a senior military official. The delegate had accepted the applicant's testimony as consistent and authentic, and the Tribunal found no concerns regarding the applicant's prior return to Venezuela. The applicant also provided updated information about a son who remained in Venezuela and was subsequently kidnapped, a practice widely reported in the country.

The primary legal issue before the Tribunal was whether the applicants were entitled to Australia's protection as refugees, or alternatively, on complementary protection grounds. This involved assessing whether the harm suffered by the applicants was linked to a Convention reason, or whether there was a real risk of significant harm upon removal to Venezuela, as contemplated by section 36(2)(aa) of the Act. The Tribunal was required to consider the impact of the COVID-19 pandemic on returnees to Venezuela, including reports of stigmatisation, mandatory quarantine centres, and potential arbitrary detention and ill-treatment.

The Tribunal noted that while the applicants' past experiences in Venezuela were relevant, significant subsequent events, particularly those arising from the COVID-19 pandemic, appeared to have greater relevance. The Tribunal considered country information indicating that Venezuelan exiles returning home, especially from neighbouring countries, faced job losses and, upon return, were stigmatised by authorities as "biological weapons" carrying the virus. The Tribunal concluded that the matter should be remitted for reconsideration, implying that the assessment of the risk of significant harm in light of these subsequent events required further evaluation.