1905696 (Refugee)

This matter concerned an application for a protection visa by a Colombian national. The applicant claimed to fear returning to Colombia due to threats from drug cartels, stemming from his father's past opposition to drug trafficking in their neighbourhood. The applicant's father had been murdered by a cartel, and subsequent family members who were witnesses or involved in seeking assistance were also targeted and killed. The applicant alleged he had also been threatened and had experienced further attacks. The decision under review was made by the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36 of the Act and Schedule 2 of the Regulations. This involved assessing whether Australia had protection obligations towards the applicant, either on refugee grounds or complementary protection grounds. Specifically, the Tribunal needed to consider if the applicant had a well-founded fear of persecution based on his imputed political opinion, or if he belonged to a particular social group that placed him at risk of serious harm. The Tribunal also had to consider whether the applicant had a right to enter and reside in a third country.

The Tribunal considered the applicant's evidence, including his testimony and submissions from his migration agent, alongside country information. It found that the applicant was a citizen of Colombia and did not have a right to reside in a third country. The Tribunal accepted the applicant's account of his father's political activities against drug cartels, his father's subsequent murder, and the subsequent targeting and murder of family members. It also accepted the applicant's claims of ongoing threats and attacks against him and his family, including a specific death threat. The Tribunal concluded that the applicant had established a well-founded fear of persecution based on his imputed political opinion and that he belonged to a particular social group comprising targets of political and criminal assassination and their family members.

The Tribunal remitted the decision under review with a direction that the applicant satisfied section 36(2)(a) of the Act.