1909220 (Refugee)

The Administrative Appeals Tribunal (the Tribunal) reviewed a decision by a delegate of the Minister for Home Affairs to refuse the applicant a Protection visa. The applicant, who had applied for the visa on 6 July 2018, claimed to have suffered harassment, abduction, sexual assault, and threats in Türkiye. These experiences, she contended, placed her in a position where she feared persecution and significant harm if returned to Türkiye, potentially as a member of a particular social group.

The central 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 a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia. This required the Tribunal to assess the credibility of the applicant's claims and consider whether the alleged harms constituted persecution or significant harm, and whether effective protection measures were available in Türkiye. The Tribunal also had to consider the applicant's claims regarding her physical and mental health, and the best interests of her Australian citizen child.

The Tribunal accepted the applicant's account of being harassed by a classmate, abducted, drugged, and sexually assaulted by associates of his parents. It also accepted her testimony regarding the subsequent threats to withdraw the police complaint, her mother's fear leading to its withdrawal, her father's violent reaction, and ongoing intimidation by other relatives. Furthermore, the Tribunal accepted that the applicant was located and stalked by the classmate in Istanbul, receiving threatening notes and photographs, and that she subsequently faced online harassment which led to the termination of her employment. Despite accepting these claims, the Tribunal found that the country information did not support a finding of a real risk of serious or significant harm, noting that the possibility of some discrimination was not sufficient. The Tribunal also did not accept further late claims about a beating by another relative, and considered claims relating to her status as a single mother and future remarriage to be speculative.

Ultimately, the Tribunal affirmed the delegate's decision not to grant the applicant a Protection visa. However, having considered the applicant's case and relevant ministerial guidelines, the Tribunal decided to refer the matter to the Department for consideration under ministerial powers.