2000373 (Refugee)

The Administrative Appeals Tribunal considered the case of a primary applicant, their husband, and son seeking a protection visa. The dispute concerned whether the applicants met the criteria for a protection visa, specifically under section 36(2)(a) of the *Migration Act 1958* (Cth) for the primary applicant and section 36(2)(b) for the husband and son as members of the same family unit. The primary applicant claimed to have a well-founded fear of persecution due to their political opinion, stemming from their opposition to the Venezuelan regimes of Chavez and Maduro, and their open expression of this opposition while employed in a government role.

The Tribunal was required to determine if the primary applicant was a refugee within the meaning of section 5H(1)(a) of the *Migration Act*, which necessitates a well-founded fear of persecution for reasons of political opinion. This involved assessing whether there was a real chance of persecution in Venezuela for such reasons, whether this persecution would involve serious harm, and whether it was systematic and discriminatory. The Tribunal also had to consider if effective protection measures were available to the applicant in Venezuela.

In its reasoning, the Tribunal referenced evidence detailing significant and widespread human rights violations in Venezuela, including the repression of political dissent, arbitrary detentions, torture, and the complicity of judicial authorities in abuses. The Tribunal concluded that the primary applicant met the criteria under section 36(2)(a) of the Act, establishing a well-founded fear of persecution based on political opinion. Consequently, the Tribunal found that the husband and son, as members of the same family unit, satisfied the criterion under section 36(2)(b) of the Act.

The Tribunal remitted the matter for reconsideration with the direction that the primary applicant satisfies section 36(2)(a) of the Act, and the husband and son satisfy section 36(2)(b) of the Act.