1931741 (Refugee)

This matter concerned an application for a protection visa by a family unit of four, identified as white South Africans. The applicants claimed they had a well-founded fear of persecution due to their ethnicity, citing experiences of violent crime, harassment, trauma, and anxiety. They also raised concerns about gender-based violence and the inadequacy of state protection in South Africa, including issues of government and police corruption. The decision was made by Wayne Pennell.

The primary legal issues before the Tribunal were whether the applicants met the criteria for a protection visa under the Migration Act 1958 (Cth), specifically whether they had a well-founded fear of persecution or a real risk of significant harm if returned to South Africa. This involved assessing the nature and extent of the risks they faced as white South Africans, the availability of state protection, and whether their claims fell within the scope of Australia's protection obligations under international conventions, distinguishing between persecution and discrimination. The Tribunal also considered the admissibility and weight of extensive new evidence and country information presented by the applicants.

The Tribunal considered the applicants' claims in light of Ministerial Direction No. 84 and relevant guidelines. While acknowledging the applicants had been victims of violent criminal activity in South Africa, the Tribunal found that their claims, including the assertion of 'white genocide', did not meet the threshold for persecution under the Convention. The Tribunal noted that the Convention protects against persecution, not mere discrimination, and that the evidence did not establish a real risk of significant harm that would engage Australia's protection obligations. The Tribunal also considered the lack of available internal relocation options.

The Tribunal remitted the decision for reconsideration.