2108973 (Refugee)

This matter concerned a protection visa application made by a mother and her three sons, who arrived in Australia on visitor visas. The applicants, who are Turkish citizens of Kurdish ethnicity, claimed they faced discrimination, personal attacks, and bombings in their local area in Turkey. They further alleged that the applicant's husband, the father of the children, had been publicly denounced by the Turkish government as a PKK supporter, leading to his investigation and subsequent threats from the public. The applicants also stated that extended family members were PKK members, some of whom had been detained and tortured or had fled the country. The Tribunal was required to determine whether Australia had protection obligations towards the applicants under section 36(2)(a) of the Migration Act 1958 (Cth).

The Tribunal considered the applicants' claims in light of country information and relevant guidelines, including the Refugee Law Guidelines and Complementary Protection Guidelines. A key issue was whether the applicants faced a real chance of significant harm, either from Turkish authorities or members of the public, due to their ethnicity, imputed political opinion, and family connections to the PKK. The Tribunal also had to assess whether any risk was faced by the population generally, or if the applicants faced a particular risk. The Tribunal noted that Australia does not have complementary protection obligations if it would be reasonable for the applicant to relocate within their country of origin, if they could obtain protection from an authority of that country, or if the risk is faced by the population generally.

The Tribunal found the applicants' evidence, though at times confusing, to be credible, supported by authentic and relevant documentary evidence. It did not accept the applicant's claim of divorce and loss of contact with her husband, considering them to be members of a family unit. The Tribunal concluded that there was a real chance of significant harm to the applicants from Turkish authorities and that this risk extended to all areas of Turkey. Consequently, the Tribunal was satisfied that Australia had protection obligations towards each of the applicants. The matter was remitted for reconsideration with a direction that the applicants satisfy section 36(2)(a) of the Migration Act.