2118523 (Refugee)

The applicant, a citizen of Madagascar, sought review of a decision to refuse her a protection visa. She claimed to have left Madagascar due to persecution for her political opinions as a member of the "Young TIM" party, and also as a member of the particular social group "women without male protection." The applicant alleged that during a peaceful demonstration against government corruption, she and other members of her group were attacked by government forces, with many being arrested and others receiving death threats. She contended that if returned to Madagascar, she would face arbitrary detention, torture, or death, and that protection from the authorities was unavailable.

The court was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) or 36(2)(aa) of the Migration Act 1958. This involved assessing whether she held a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, or whether there was a real risk of significant harm as a necessary and foreseeable consequence of her removal from Australia. The court also considered whether effective protection measures were available to her in Madagascar.

The court affirmed the decision to refuse the protection visa. It found that while the applicant was a low-level supporter of the "Young TIM" party, there was insufficient evidence to establish a well-founded fear of persecution based on her political opinion. The court also found that the applicant had not established that she belonged to a particular social group, specifically "women without male protection," in a way that would give rise to a well-founded fear of persecution. Furthermore, the court concluded that there was no real chance of the applicant suffering significant harm upon return to Madagascar, nor was there evidence of a lack of effective protection measures available to her in that country.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.