1903944 (Refugee)

The applicant, a young woman from Papua New Guinea (PNG), sought review of a decision to refuse her protection visa. The core of the dispute concerned whether she had a well-founded fear of persecution for one of the five prescribed reasons under the Act, or if there was a real risk of significant harm upon return to PNG. The applicant claimed that as a single young woman without familial protection in PNG, she faced risks of homelessness, sexual and physical assault, and potentially death, exacerbated by the weakening of the 'wantokism' system and the inability of her elderly grandparents or struggling aunts and uncles to provide support.

The court was required to determine if the applicant possessed a well-founded fear of persecution for a Convention reason, or alternatively, if there were substantial grounds to believe she would suffer significant harm as a necessary and foreseeable consequence of removal to PNG. This involved assessing the objective likelihood of such harm, considering the applicant's personal circumstances, and evaluating the availability and effectiveness of state protection and familial support systems in PNG, particularly for single women. The court also had to consider the applicant's membership in a particular social group, defined as a young, single female from PNG lacking familial protection.

The court considered extensive documentary evidence, including country information reports from DFAT and submissions from the applicant's representatives. It noted that PNG is described as a dangerous place for women and girls, with a high prevalence of gender-based violence, often not adequately addressed by state authorities due to cultural norms and limited resources. The court found that the 'wantokism' system, while intended to provide social support, was weakening and unlikely to offer effective protection to the applicant, especially given her mother's marital status and her father's abandonment. The court also noted that the applicant's grandparents were too elderly and her aunts and uncles too impoverished to provide care. The court concluded that the applicant faced a real risk of significant harm, including physical and sexual violence, and potentially threats to her life, liberty, and economic well-being, due to her status as a single female without adequate familial or state protection in PNG.

Consequently, the court set aside the delegate's decision and remitted the matter to the Tribunal for reconsideration, indicating that a favourable decision could be made on the information before the Tribunal without the applicant needing to attend a hearing.