2007122 (Refugee)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to refuse an applicant a Protection visa. The applicant, a national of Myanmar, had applied for the visa after being involuntarily returned to Australia. The delegate was not satisfied that the applicant faced a real chance of serious or significant harm if returned to Myanmar.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, and whether effective state protection was available in Myanmar. The applicant claimed to have participated in anti-government demonstrations and made financial contributions in Australia, activities she believed would expose her to harm from Myanmar authorities upon return.

The Tribunal accepted that the applicant genuinely opposed the military rule in Myanmar and had expressed these views through activism in Australia, noting that such activities, including social media posts, could be monitored by Myanmar authorities. Considering recent country information, the Tribunal found that the February 2021 military coup and subsequent human rights abuses created a situation where the applicant faced a real chance of threats to her life or liberty, significant physical harassment, and ill-treatment from Myanmar authorities. The Tribunal concluded that effective state protection was not available and that the applicant’s fear of persecution was well-founded, stemming from her political opinion and her status as a failed asylum seeker.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criterion under s 36(2)(a) of the *Migration Act 1958* (Cth), meaning she is a refugee to whom Australia owes protection obligations.