1935309 (Refugee)

The applicant sought a protection visa, claiming a well-founded fear of persecution in South Sudan. The applicant, a Nuer woman and a well-known artist whose work promoted unity, fled South Sudan in 2013 following the outbreak of civil war between the Dinka and Nuer tribes. She experienced detention, physical and sexual abuse, and interrogation by security forces upon a subsequent return to Juba in 2014, leading her to fear for her life and safety if returned. The matter was before the Tribunal for reconsideration.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, specifically whether she was a refugee due to a well-founded fear of persecution for reasons of race, membership of a particular social group, or political opinion. This involved assessing whether she had a genuine fear of persecution, whether there was a real chance of such persecution upon return to South Sudan, and whether any such risk was faced generally by the population or personally by her.

The Tribunal considered the applicant's evidence, including her ethnicity, her artistic work advocating against tribalism, and the specific instances of detention and abuse she suffered. It applied the principles outlined in the Migration Act regarding the definition of a refugee and well-founded fear of persecution, including the assessment of serious harm and the availability of effective protection measures. The Tribunal also had regard to relevant Ministerial Directions and guidelines.

The Tribunal was satisfied that the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act. The matter was remitted for reconsideration with a direction that the applicant satisfies this criterion.