2007184 (Refugee)

The applicant, a citizen of Burundi, sought review of the refusal of his protection visa application. He had arrived in Australia as a dependent on his mother's Woman at Risk visa, which was subsequently cancelled under s 501 of the Migration Act. The applicant claimed he fled Burundi due to violence and the death of his father, and that he would face discrimination, brutal treatment, and death if returned, citing the chaotic situation and lack of government protection in Burundi.

The primary legal issue before the Tribunal was whether the applicant had established a real chance of suffering serious harm if returned to Burundi, either due to reasons outlined in the refugee convention (race, religion, nationality, membership of a particular social group, or political opinion) or alternatively, whether there were substantial grounds for believing that as a necessary and foreseeable consequence of his removal, he faced a real risk of suffering significant harm, thereby meeting the criteria for complementary protection under s 36(2)(aa) of the Migration Act.

The Tribunal considered the applicant's claims in light of the 'Refugee Law Guidelines' and 'Complementary Protection Guidelines', as well as country information. It noted that a person might qualify for a visa if they meet the complementary protection criterion, even if they do not meet the refugee criterion. The Tribunal concluded that the matter required reconsideration and therefore remitted the decision for further review.