2111912 (Refugee)

The applicant, a citizen of Nicaragua, sought a protection visa in Australia. She claimed to fear serious harm from her former husband, who she alleged had been abusive and used his connections with a political group to identify her family members as opposition supporters. The applicant had previously sought police assistance regarding post-separation violence and had had a child with another man while in Australia, which she feared would further endanger her upon return to Nicaragua.

The court was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) or section 36(2)(aa) of the *Migration Act 1958* (Cth). This involved assessing whether she was a refugee due to a well-founded fear of persecution or whether there were substantial grounds to believe she would suffer significant harm as a necessary and foreseeable consequence of being removed from Australia to Nicaragua. The court also had to consider the availability of effective protection measures in Nicaragua.

The court found that the applicant was a Nicaraguan citizen and that Nicaragua was the relevant receiving country. It acknowledged the applicant's history of family violence and the general problem of violence against women in Nicaragua. However, the decision under review was remitted for reconsideration. The court concluded that the applicant satisfied section 36(2)(a) of the *Migration Act*, meaning Australia had protection obligations towards her because she was a refugee.