1931136 (Refugee)

The Tribunal considered the protection visa applications of a Venezuelan couple and their Australian-born son. The applicants claimed they feared persecution in Venezuela due to their political opposition to the dictatorial regime of Nicolas Maduro. They asserted that the regime, through associated criminal groups known as colectivos, targets and harms those who do not support its ideology, and that individuals who have lived abroad for extended periods are viewed as traitors and face social rejection and potential harm.

The legal issues before the Tribunal were whether the applicants had a well-founded fear of persecution for reasons of political opinion, or if they were owed complementary protection. The Tribunal was also required to determine if the third applicant, the son, was a member of the same family unit as the principal applicants, thereby linking his eligibility for a protection visa to theirs.

The Tribunal found the applicants' claims and evidence to be truthful and credible, consistent with available country information. It was satisfied that the applicants were Venezuelan citizens and that Venezuela was the receiving country for the purposes of the Migration Act 1958. The Tribunal concluded that the third applicant was a member of the same family unit as the principal applicants. Consequently, the Tribunal remitted the decision under review for reconsideration, directing that the applicants satisfy the criteria under section 36(2)(a) of the Act, and the third applicant satisfy the criteria under section 36(2)(b)(i) based on family membership.