1924221 (Refugee)

The applicant, a Venezuelan national, sought a protection visa in Australia. She claimed to fear persecution upon return to Venezuela due to her past opposition to the government, evidenced by her signing of petitions against former President Hugo Chávez and President Nicolás Maduro, which were published on the Tascón list. She also expressed concerns about potential discrimination in employment, being treated as a traitor, and facing abuse or arrest upon arrival, particularly in the context of anticipated international intervention.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth), or alternatively, whether she was entitled to complementary protection under section 36(2)(aa) of the Act. This required the Tribunal to assess whether she held a well-founded fear of persecution for reasons of political opinion, and if so, whether Australia had protection obligations towards her.

The Tribunal considered the applicant's evidence, including her educational background and past employment as a teacher in Venezuela, and her participation in protests against government changes in the education system. It noted that the applicant presented as truthful and credible, and her claims were consistent with available country information regarding the political climate in Venezuela, including the activities of government-aligned armed groups like the *colectivos* and *Circulos Bolivarianos*. The Tribunal also had regard to Ministerial Direction No. 84, the 'Refugee Law Guidelines', and 'Complementary Protection Guidelines'.

Ultimately, the Tribunal concluded that the decision under review should be remitted for reconsideration. The Tribunal directed that the applicant satisfies section 36(2)(a) of the *Migration Act*, indicating that she is a person in respect of whom Australia has protection obligations because she is a refugee.