2007632 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant, Mr. A, who sought a protection visa. Mr. A claimed he feared persecution upon return to Cambodia due to his political activities opposing the current government. He also cited concerns for his safety and the well-being of his wife and children, who have special needs.

The primary legal issue before the Tribunal was whether Mr. A met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. The Tribunal also considered the complementary protection criterion under section 36(2)(aa), which applies if there is a real risk of significant harm upon removal from Australia.

The Tribunal's reasoning focused on the evidence presented regarding Mr. A's political affiliations and the country conditions in Cambodia. New evidence submitted by Mr. A's representative included letters and statutory declarations from individuals attesting to his active support for the Sam Rainsy Party (SRP) and the Cambodian National Rescue Party (CNRP), including participation in rallies and fundraising. The Tribunal also considered country information indicating the Cambodian government's harsh repression of political dissent, the dissolution of the CNRP, and the ongoing prosecution and harassment of opposition members. Based on this evidence and the country information, the Tribunal was satisfied that Mr. A had a well-founded fear of persecution for political opinion, thus meeting the criterion in section 36(2)(a).

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth).