1915344 (Refugee)

The Administrative Appeals Tribunal considered the protection visa claims of two applicants, nationals of Sierra Leone. The applicants asserted a well-founded fear of persecution and significant harm if returned to Sierra Leone, primarily due to their gender, age, and marital status, and past experiences of Female Genital Mutilation/Cutting (FGM/C). They also claimed a fear of forced marriage, gender-based violence, societal discrimination, and a repeat of FGM/C following corrective surgery in Australia.

The Tribunal was required to determine whether the applicants met the criteria for a protection visa, specifically whether they were refugees within the meaning of the Migration Act 1958 or whether Australia had complementary protection obligations towards them due to a real risk of suffering significant harm upon removal. This involved assessing the credibility of their claims, the availability of effective state protection in Sierra Leone, and whether they could reasonably relocate within Sierra Leone to avoid harm.

The Tribunal applied the principles of refugee law and complementary protection, considering country information regarding the prevalence of FGM/C, customary child marriage, and polygamy in Sierra Leone, as well as the limited availability of effective state protection. It found that the applicants were nationals of Sierra Leone and had experienced past harm, including FGM/C. The Tribunal concluded that the applicants satisfied the criterion for a protection visa under section 36(2)(a) of the Migration Act.

The Tribunal remitted the matter for reconsideration with a direction that the applicants satisfy section 36(2)(a) of the Migration Act, indicating that Australia had protection obligations towards them.