1906722 (Refugee)

The applicant, a citizen of Zimbabwe, sought a protection visa in Australia. The dispute arose from the refusal of her application by the Department, which the applicant appealed to the Refugee Tribunal. The applicant claimed she feared persecution upon return to Zimbabwe due to her family's association with the Movement for Democratic Change (MDC) and a past sexual assault by a member of the ZANU-PF party, alleging that the police would not provide protection.

The Refugee Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether she was a refugee within the meaning of the Migration Act 1958 or otherwise owed protection obligations by Australia on complementary protection grounds. This involved assessing whether she had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, and whether effective protection measures were available to her in Zimbabwe. The Tribunal also considered the risk of significant harm upon removal from Australia.

The Tribunal found that the applicant was a citizen of Zimbabwe and that the country of nationality was also the receiving country for the purposes of her claim. While the delegate had not been satisfied that the applicant's assailant was a member of ZANU-PF or targeted her due to her mother's political prominence, the Tribunal considered the applicant's personal background, including her family's involvement with the MDC and the past sexual assault. The Tribunal ultimately concluded that Australia had protection obligations towards the applicant under section 36(2)(a) of the Migration Act.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the refugee criterion under section 36(2)(a) of the Migration Act.