2104051 (Refugee)

The Administrative Appeals Tribunal (the Tribunal) considered the protection visa claims of a Fijian national and her daughter. The applicant claimed to fear harm from her ex-husband upon return to Fiji, citing a history of domestic violence and threats. The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether there was a real risk of significant harm as a necessary and foreseeable consequence of removal to Fiji.

The Tribunal applied the principles outlined in sections 5L and 5LA of the *Migration Act 1958* (Cth) concerning membership of a particular social group and the availability of effective protection measures. It also considered Ministerial Direction No. 84 and relevant guidelines. The Tribunal found that the applicant's claims regarding her ex-husband's threats and the potential for harm if she returned to Fiji warranted further consideration.

Ultimately, the Tribunal concluded that the decision under review should be remitted for reconsideration. It directed that the first-named applicant be found to satisfy section 36(2)(a) of the *Migration Act*, meaning Australia has protection obligations towards her as a refugee. Furthermore, the Tribunal directed that the second-named applicant, the daughter, be found to satisfy section 36(2)(b)(i) on the basis of being a member of the same family unit as the first-named applicant.