1910630 (Refugee)

The applicant, a national of Papua New Guinea, sought a protection visa after her application was refused by the Department of Home Affairs. She claimed to have fled her country after being accused of using sorcery to cause the death of a villager and her husband, and subsequently being tied to a stake to be burned alive, from which she escaped. The applicant arrived in Australia in August 2017 and lodged her protection visa application in October 2017.

The primary legal issues before the Tribunal were whether the applicant met the criteria for being recognised as a refugee under Australian law, or alternatively, whether she was entitled to complementary protection. To be recognised as a refugee, the applicant needed to demonstrate a well-founded fear of persecution based on specific Convention reasons, involving serious harm. Complementary protection required substantial grounds to believe there was a real risk of significant harm as a necessary and foreseeable consequence of removal to Papua New Guinea.

The Tribunal considered the applicant's claims, including her account of being accused of sorcery, her husband's death, and her subsequent abduction and escape. However, the Tribunal ultimately affirmed the decision to refuse the visa. The provided text does not detail the specific reasoning for this affirmation, such as findings on credibility or the absence of a well-founded fear of persecution or risk of significant harm.

The Tribunal affirmed the decision not to grant the applicant a Protection (Class XA) Protection (subclass 866) visa.