1931399 (Refugee)

This matter concerned an application for a protection visa by a South African citizen. The applicant claimed to fear persecution in South Africa due to her race as a white Afrikaans Boer, citing government-sanctioned torture, persecution, rape, and crimes against her race. She also alleged discrimination in employment and a fear of detention due to her political opinions expressed on social media. The applicant had arrived in Australia on various visitor visas and lodged her protection visa application in July 2016.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a protection visa under section 36 of the *Migration Act 1958* (Cth). This involved determining if she was a refugee within the meaning of section 5H, or if she faced a real risk of significant harm as defined by section 36(2)(aa) and section 36(2A) of the Act, considering the complementary protection criterion. The Tribunal was required to assess the applicant's claims against South Africa as the country of reference and receiving country, taking into account relevant country information and guidelines.

The Tribunal affirmed the decision not to grant the applicant a protection visa. It found that the applicant did not satisfy the criterion in section 36(2)(a) of the Act, which requires a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. While acknowledging the applicant's identity as a South African citizen, the Tribunal did not find that she met the definition of a refugee or that she faced a real risk of significant harm as a necessary and foreseeable consequence of removal to South Africa. The decision noted that the applicant did not satisfy the criteria for being a member of the same family unit as a person who held a protection visa.