2017621 (Refugee)

The applicant, an Afghan national, sought a protection visa, claiming fear of persecution from the Taliban in Afghanistan due to her gender and status as a failed asylum seeker. She also asserted a fear of harm stemming from a family dispute involving her sister's former fiancé, Mr. B, who had allegedly threatened her and her children. The delegate had not accepted the applicant's claims regarding threats from Mr. B and concluded she would have her father's support upon return, thus not being at heightened risk as a woman. The matter came before the Tribunal for review.

The central legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires the Minister to be satisfied that Australia has protection obligations because the person is a refugee. This involved determining if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether such persecution would involve serious harm. The Tribunal also considered the complementary protection criterion under section 36(2)(aa), which applies if there is a real risk of significant harm as a necessary and foreseeable consequence of removal.

The Tribunal considered the applicant's detailed account of the family dispute, including threats made by Mr. B towards her and her children after her sister broke off their engagement. It noted that despite the passage of time and Mr. B's remarriage, the applicant maintained he continued to threaten her sister and other family members, seeking revenge for the perceived dishonour. The Tribunal also took into account the general country information regarding the situation in Afghanistan. After reviewing the evidence and submissions, the Tribunal was satisfied that the applicant was a person in respect of whom Australia had protection obligations under 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*.