1930315 (Refugee)

The applicant sought a protection visa, claiming fear of serious harm or death if returned to India by her ex-partner and his relatives, and that Indian authorities would not provide protection. The applicant also feared for her children's safety and stated there was nowhere in India for them to relocate, particularly as she is a single mother. The Tribunal considered the claims in light of Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information.

The legal issues before the Tribunal included whether 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 person facing significant harm as a necessary and foreseeable consequence of removal. The Tribunal also had to consider whether the applicant's children were members of the same family unit as a qualifying applicant, pursuant to section 36(2)(b) or (c).

The Tribunal noted that the applicant's claims were shared with her mother, and that the applicant had experienced significant abuse from her husband, including physical, verbal, and financial abuse, as well as threats to her life. The Tribunal also considered the applicant's fear for her daughters, including the risk of rape, and her lack of financial support and qualifications in India. The Tribunal acknowledged that the second and third applicants had been granted Australian citizenship.

The Tribunal remitted the matter for reconsideration, directing that the first applicant satisfied section 36(2)(b)(i) of the *Migration Act* on the basis of membership of the same family unit. The Tribunal further stated that it did not have jurisdiction in relation to the second and third applicants.