1926228 (Refugee)

The applicant, a national of Sierra Leone, sought a protection visa. The dispute concerned whether the applicant faced a real chance of suffering serious harm if returned to Sierra Leone, either due to persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or alternatively, as a necessary and foreseeable consequence of removal, a real risk of significant harm. The matter was heard by Tania Flood, a member of the Tribunal.

The Tribunal was required to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a non-citizen facing a real risk of significant harm as a necessary and foreseeable consequence of removal. This involved assessing the applicant's claims of past trauma, including witnessing his father's death and confinement in a refugee camp, and his fears of future persecution in Sierra Leone due to his father's activism and potential retribution from those who killed him. The Tribunal also had to consider the applicant's mental health condition, diagnosed as complex Post-Traumatic Stress Disorder (PTSD), and the lack of support services in Sierra Leone.

The Tribunal considered the definition of "significant harm" under section 36(2A) and the circumstances under which a real risk of such harm would not be taken to exist under section 36(2B). It also had regard to Ministerial Direction No. 84 and relevant guidelines. While acknowledging the applicant's submissions regarding potential public interest questions and section 36(1C) of the Act, the Tribunal concluded it did not have jurisdiction to consider whether the applicant was a danger to Australia's security or a danger to the Australian community due to a particularly serious crime.

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