2010265 (Refugee)

This matter concerned an application for a protection visa by a national of Papua New Guinea. The applicant claimed she faced a real risk of significant harm if returned to her country of origin, specifically from her former intimate partner and the threat of forced marriage by family members. The Administrative Appeals Tribunal (AAT) considered the applicant's claims in light of the 'Refugee Law Guidelines' and 'Complementary Protection Guidelines', as well as country information from the Department of Foreign Affairs and Trade.

The central legal issue before the Tribunal was whether the applicant had established a real risk of suffering harm amounting to cruel or inhuman treatment or extreme humiliation, thereby engaging Australia's protection obligations under section 36(2)(aa) of the Migration Act 1958 (Cth). This involved assessing the applicant's personal circumstances, including her status as a single woman of limited education in Papua New Guinea, and the potential for gender-based violence, forced marriage, and the impact of cultural practices such as the 'Wantok system' and 'bride price' on her safety and personal status. The Tribunal also had to consider the availability and effectiveness of state protection in Papua New Guinea.

The Tribunal concluded that the applicant's claims warranted reconsideration. It found that the applicant faced a real risk of serious domestic violence from her former partner and the threat of forced marriage. The Tribunal noted that the applicant's personal circumstances, including her limited education and status as a single woman, made her particularly vulnerable in Papua New Guinea. The Tribunal also considered the limitations of state protection and the cultural context, including the 'Wantok system', which could exacerbate her vulnerability. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(aa) of the Migration Act.