1906026 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the protection visa application of a woman from Papua New Guinea (PNG). The applicant claimed she feared harm from her ex-husband, Mr. A, and his associates if returned to PNG. Her claims included severe domestic violence, public humiliation, and threats to her life. She also raised concerns about the ineffectiveness and potential corruption of the PNG police in addressing such matters, and the feasibility of relocation within PNG.

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 facing complementary protection. This involved assessing the credibility of her claims, the nature and severity of the harm she feared, and the availability and effectiveness of state protection or relocation options in PNG. The Tribunal was required to consider country information regarding domestic violence, police responses, and societal attitudes towards accusations of sorcery, which were also part of the applicant's narrative.

The Tribunal acknowledged inconsistencies in the applicant's previous statements but found her to be generally credible and forthright during the hearing. It accepted that she had been subjected to abuse by Mr. A, noting that domestic violence is prevalent in PNG. The Tribunal also accepted her claims regarding sorcery accusations against her family, which are known to carry a high risk of societal violence in PNG. Crucially, the Tribunal considered country information indicating that PNG police rarely take family violence seriously, often refuse to investigate, and may demand money, rendering state protection ineffective. Relocation was also deemed not feasible. Despite some misgivings about the applicant's evidence, the Tribunal concluded that she had established a real risk of significant harm if returned to PNG.

Consequently, the Tribunal remitted the decision under review to the delegate of the Minister for reconsideration.