1934475 (Refugee)

The Administrative Appeals Tribunal (the Tribunal) reviewed a decision by a delegate of the Minister for Home Affairs to refuse an applicant a Protection visa. The applicant, who had lodged their application in August 2018, claimed to fear persecution in Myanmar due to their refusal to join an "independent army" engaged in civil war, and their support for the "central government." The delegate had refused the visa, finding no real chance of serious harm upon return to Myanmar, and no substantial grounds for believing a real risk of significant harm as a necessary and foreseeable consequence of removal.

The Tribunal was required to determine whether the applicant met the criteria for a Protection visa, specifically under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or under section 36(2)(aa) as a person facing significant harm. This involved assessing the applicant's claims in light of the evolving country information regarding Myanmar, particularly the political situation following the 2021 military coup and the ongoing armed conflict. The Tribunal also considered the applicant's failure to attend an interview with the Department.

The Tribunal reasoned that the significant political and social changes in Myanmar since the applicant's arrival, including the military coup, the formation of the National Unity Government, and the intensification of armed conflict, had fundamentally altered the circumstances. Citing reports from the United Nations High Commissioner for Human Rights and the Department of Foreign Affairs and Trade, the Tribunal noted the widespread human rights crisis and the military regime's violent repression of opposition. Given these developments, the Tribunal concluded that the applicant had a well-founded fear of persecution.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth). The Tribunal found it unnecessary to assess other protection claims, such as the risk of forced recruitment by armed militias, as the primary refugee criterion was met.