1932272 (Refugee)

The applicant, a Venezuelan national, sought a protection visa, claiming a well-founded fear of persecution if returned to Venezuela. The dispute centred on whether she met the criteria for a refugee or was otherwise entitled to complementary protection under Australian law. The matter was before the Tribunal for reconsideration of a prior decision.

The Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of political opinion, as defined by the Migration Act 1958. Specifically, the court needed to assess whether her membership in the democratic party Voluntad Popular and her appearance on the Tascón list constituted grounds for persecution, leading to fears of arrest, document confiscation, employment discrimination, and an inability to secure protection in third countries.

The Tribunal found the applicant to be a credible witness whose fears were consistent with available country information. It was satisfied that Venezuela was the receiving country and that the applicant's political activism, including participation in protests and expressing views on social media, placed her at risk. The Tribunal concluded that the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act. The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a).