1919689 (Refugee)

The applicants, a mother and her child, sought protection visas. Their claim stemmed from severe and prolonged domestic violence perpetrated by the primary applicant's former partner, Mr. A, who is an Australian citizen. The violence, which also involved the children, led to police intervention and Mr. A's imprisonment. The applicants feared returning to Fiji due to Mr. A's extended family network there and the potential for further harm.

The central legal issue before the Tribunal was whether the applicants met the criteria for a protection visa, specifically whether they had a well-founded fear of persecution for reasons of membership in a particular social group, and whether Australia had protection obligations towards them. This involved assessing the availability of state protection in Fiji and whether the applicants constituted a "particular social group" as defined by the Migration Act 1958 (Cth).

The Tribunal considered the evidence of the domestic violence, the applicants' history of reporting it to the Queensland Police Service, and the serious injuries sustained by one of the children. It also took into account country information regarding the availability of state protection in Fiji. The Tribunal found that the applicants were victims of prolonged and serious domestic violence, and that the former partner's extended family network in Fiji posed a risk. Crucially, the Tribunal considered that it was not in the best interests of the younger children to be separated from their mother and older sibling.

The Tribunal remitted the matter for reconsideration with a direction that the applicants satisfy section 36(2)(a) of the Migration Act 1958 (Cth). This indicates that the Tribunal found there were arguable grounds for the applicants to meet the refugee definition, but that further assessment was required to definitively establish Australia's protection obligations.