2007730 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the protection visa applications of a woman and her two children, citizens of Zimbabwe. The primary applicant claimed she faced persecution and serious harm due to her political opinion as a member and supporter of the Movement for Democratic Change (MDC), her imputed political opinion, and her membership in particular social groups: women who have experienced family violence from ZANU-PF members, returnees including failed asylum seekers, and HIV-positive individuals not affiliated with ZANU-PF. The dispute centred on whether these claims established a well-founded fear of persecution or a real risk of significant harm if returned to Zimbabwe.

The legal issues before the Tribunal were whether the first applicant had a well-founded fear of persecution in Zimbabwe, and whether there was a real risk of significant harm to her and her two dependents if they were removed from Australia. The Tribunal also had to determine if the second and third applicants, as members of the same family unit as the first applicant, met the criteria for a protection visa based on their relationship to her.

The Tribunal found the evidence regarding the applicants' identity and nationality to be straightforward and credible. It noted that the primary applicant had a history of active involvement with the MDC, including assisting in election campaigns, working with MDC political prisoners, and gathering information about prison conditions. She had previously been arrested, assaulted, and sexually abused, and her home had been invaded, with her and her son assaulted and threatened. The Tribunal also considered her claims of domestic violence and her status as an HIV-positive individual. Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration, directing that the first applicant satisfies section 36(2)(a) of the Migration Act, and that her two children satisfy section 36(2)(b)(i) on the basis of their membership in the same family unit.