1907863 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning a protection visa application made by a woman from Bulgaria. The applicant, an Orthodox Christian widow with two Australian citizen children, sought to remain in Australia, claiming she would face discrimination as an unaccompanied widow in Bulgaria and could not obtain state protection. She indicated she did not wish to give oral evidence and agreed to the Tribunal proceeding on the available evidence, stating her intention was to have the protection visa refused to enable her to seek ministerial intervention under s.417 of the Act.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically whether she had a well-founded fear of persecution in Bulgaria under s.5J(1)(a) of the *Migration Act 1958* (Cth), or alternatively, whether she met the complementary protection criterion under s.36(2)(aa) due to a real risk of significant harm. The Tribunal was required to consider relevant policy guidelines and country information assessments.

The Tribunal found that the applicant had not claimed to fear serious harm in Bulgaria and had admitted that her application for a protection visa was a strategic step to remain in Australia with her children, rather than a genuine fear of persecution. Her own statements during a protection interview indicated she had never experienced discrimination in Bulgaria and did not fear it upon return. Consequently, the Tribunal was not satisfied that there was a real chance the applicant would face persecution for a Convention reason if she returned to Bulgaria. The Tribunal also considered the complementary protection criterion, but the applicant's admissions undermined the claim of a real risk of significant harm.

The Tribunal affirmed the decision not to grant the applicant a protection visa. It noted that the applicant and her agent remained free to pursue ministerial intervention directly with the Minister if they believed her circumstances warranted it.