1919942 (Refugee)

The applicant sought a protection visa, claiming to be a refugee due to a well-founded fear of persecution in Venezuela. The dispute concerned whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), specifically whether they had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group. The decision was made by Kate Chapple, a member of the Migration and Refugee Division of the Administrative Appeals Tribunal.

The Tribunal was required to determine if the applicant held a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, as defined by sections 5J and 5L of the *Migration Act*. This involved assessing the credibility of the applicant's evidence regarding their experiences in Venezuela, including alleged identity theft used for criminal offences, lack of family support, and participation in protests in Australia. The Tribunal also considered the country information provided by the Department of Foreign Affairs and Trade regarding the volatile political situation and prevalent crime in Venezuela.

The Tribunal applied the principles outlined in the *Migration Act* and relevant guidelines, including those concerning vulnerable persons and the assessment of credibility. It considered the applicant's oral and written evidence to be truthful and credible overall, accepting their account of their life in Venezuela and Australia. The Tribunal noted that a delay in applying for protection should not be the sole reason for doubting an applicant's claims, and that the significance of any delay depends on the specific circumstances and reasons provided. In this instance, the Tribunal was satisfied that the applicant met the definition of a refugee.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criterion under section 36(2)(a) of the *Migration Act*.