1917076 (Refugee)

The applicant, a citizen of Tanzania, sought review of a decision not to grant her a protection visa. The dispute centred on whether she met the criteria for a protection visa under Australian law, specifically concerning her fear of persecution and the availability of state protection in Tanzania.

The court was required to determine if the applicant qualified as a refugee under Article 1A(2) of the Refugees Convention, which involves a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Alternatively, the court considered whether the applicant met the complementary protection criterion under section 36(2)(aa) of the Migration Act 1994, which requires substantial grounds for believing that removal from Australia would result in a real risk of significant harm. The court also had to assess the availability and adequacy of state protection in Tanzania and the possibility of internal relocation.

The Tribunal considered the applicant's claims that she faced threats from her extended family, including forced marriage and female genital mutilation, and that she would be unable to access adequate protection from the Tanzanian state. The Tribunal applied the criteria for protection visas as set out in the Migration Act and Regulations, referencing relevant Ministerial Directions and Guidelines. It also took into account country information assessments.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa. While acknowledging the applicant's right to make a direct request to the Minister for Ministerial Intervention, the Tribunal decided not to refer the matter itself.