1904639 (Refugee)

This matter concerned an application for a protection visa by a citizen of Lithuania. The applicant claimed to have been in a violent relationship with a mafia boss in Lithuania, alleging that following the termination of the relationship, she continued to be harassed and assaulted by him and his associates. She also asserted that Lithuanian law enforcement was corrupt and unable to provide protection. The applicant arrived in Australia on a temporary visa and subsequently made her protection visa application while in immigration detention.

The primary legal issues before the Tribunal 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 had protection obligations due to a real risk of suffering significant harm as a consequence of removal to Lithuania. This involved assessing the applicant's claims of persecution, the credibility of her evidence, and the availability of effective protection in Lithuania, considering relevant country information and departmental guidelines.

The Tribunal considered the applicant's claims regarding her relationship with the crime boss and the alleged ongoing harassment and fear of harm. It also examined the applicant's inconsistent statements regarding her employment history and her reasons for choosing Australia over other European Union countries. The Tribunal applied the definitions of "refugee" and "well-founded fear of persecution" under sections 5H and 5J of the Act, as well as the provisions relating to "significant harm" and "complementary protection" under section 36(2)(aa) and (2A). The Tribunal also had regard to Ministerial Direction No. 84 and the associated Refugee Law Guidelines and Complementary Protection Guidelines.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa. The Tribunal referred the applicant's case to the Minister for consideration.