2000491 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Home Affairs' decision to refuse the applicant a protection visa. The applicant, a citizen of South Africa, claimed she feared harm due to her race and gender, and also sought complementary protection due to a diagnosed medical condition that rendered her vulnerable.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) (the refugee criterion) and, alternatively, whether she met the criteria for complementary protection under section 36(2)(aa) of the Act. The Tribunal was required to consider the applicant's claims of persecution based on her identity as a white woman in South Africa, and the impact of her diagnosed medical condition on her vulnerability and ability to access state protection.

The Tribunal found that the applicant did not meet the refugee criterion. However, it was satisfied that Australia had protection obligations towards the applicant under the complementary protection criterion. This conclusion was reached after considering the applicant's vulnerability, exacerbated by her medical condition, which created a real risk of significant harm if she were removed from Australia. The Tribunal noted that her medical condition, which included cognitive impairment, made her particularly susceptible to the generalised crime in South Africa and compromised her ability to seek or receive effective state protection.

The Tribunal remitted the decision for reconsideration.