1905413 (Refugee)

This matter concerned a protection visa application by a woman from Sierra Leone. The applicant claimed to be a refugee due to her sexuality and a relationship with another woman, which she alleged had become public, leading to threats and her disownment by her family, including her father who held tribal and religious leadership positions. The applicant also sought complementary protection, arguing that if removed to Sierra Leone, she faced a real risk of significant harm.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one or more of the five prescribed reasons, specifically membership of a particular social group, and if not, whether there were substantial grounds for believing that her removal from Australia would result in a real risk of significant harm. The Tribunal also considered the relevance of certificates issued under sections 438 and 473GB of the Migration Act 1958, which related to the confidentiality and operational impact of disclosing certain information.

The Tribunal found the certificates under sections 438 and 473GB to be irrelevant to its assessment of the protection visa application and complementary protection claims. In its substantive assessment, the Tribunal considered the applicant's claims regarding her relationship and the alleged threats, as well as country information. Ultimately, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa, either as a refugee or under the complementary protection provisions. The decision under review was affirmed.