1919848 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the protection visa application of a Venezuelan national. The applicant claimed to fear persecution upon return to Venezuela due to her involvement with an anti-government town council and her support for opposition political parties. The delegate of the Department of Home Affairs had refused the visa, finding that the applicant had not established a real chance of persecution.

The Tribunal was required to determine whether the applicant was a refugee within the meaning of section 36(2)(a) of the *Migration Act 1958* (Cth), specifically whether she had a well-founded fear of persecution for reasons of her political opinion. This involved assessing the credibility of her claims, the evidence presented, and the country information regarding the political and human rights situation in Venezuela under the Maduro government, including the treatment of returnees. The Tribunal also considered the complementary protection criterion under section 36(2)(aa) of the Act, which applies if there is a real risk of significant harm.

The Tribunal accepted the applicant's Venezuelan nationality and her past involvement with the town council and opposition parties. It found that the country information, including reports from Human Rights Watch and the International Crisis Group, demonstrated a pattern of repression by the Maduro government against political opponents, including arbitrary detention, violence, and harassment by government forces and associated colectivos. The Tribunal was satisfied that the applicant's past experiences of threats and attack were credible and that she would likely become politically active again upon return. Crucially, the Tribunal concluded that the applicant faced a real chance of serious harm from government authorities and colectivos due to her anti-government political opinion, and that effective state protection was unavailable. The Tribunal also noted that the dire humanitarian situation and the mistreatment of returnees during the COVID-19 pandemic further increased the applicant's risk profile.

Consequently, the Tribunal found that the applicant was a refugee within the meaning of section 36(2)(a) of the *Migration Act 1958* (Cth) and that Australia had protection obligations towards her. The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a).