2206240 (Refugee)

The applicant, a Muslim woman from Myanmar, sought a protection visa in Australia. The dispute arose from the Department's refusal of her application, leading to a review by the Tribunal. The applicant claimed she feared persecution in Myanmar due to her religion, ethnicity, past employment with a non-government organisation, humanitarian activities, actual and imputed political opinions, her relationship with a Rohingya Muslim man, and her status as a well-educated woman and a failed asylum seeker. She also raised concerns about arbitrary detention and the general COVID-19 situation.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one or more of the five prescribed reasons under s 5J(1) of the Migration Act 1958 (Cth). Alternatively, if she did not meet the criteria for a well-founded fear of persecution, the Tribunal had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of her removal to Myanmar, she would suffer significant harm.

The Tribunal concluded that the matter should be remitted for reconsideration. While the applicant provided a statutory declaration detailing past harm and fears, including incidents involving Buddhist extremists, the military coup, and the detention and death of a friend, the Tribunal found that her claims, as presented in her initial application form, were vaguely contained. The Tribunal noted the applicant's educational qualifications and previous employment, as well as her stated fears related to her religious and ethnic background, and her humanitarian work. However, the Tribunal's decision to remit indicates that further assessment or clarification of these claims and the evidence presented was necessary to properly determine the protection claims.