2214360 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a protection visa made by Lahai, a Romanian citizen. The applicant claimed she would face serious harm if returned to Romania due to her status as a vulnerable, young, single female with no family or social connections, limited Romanian language ability, and a history of family violence. She also expressed fears of being trafficked.

The primary legal issues before the Tribunal were whether the applicant qualified for protection as a refugee under section 36(2)(a) of the Migration Act 1958, or alternatively, on complementary protection grounds under section 36(2)(aa). This required determining if she had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or if there were substantial grounds for believing she would suffer significant harm as a necessary and foreseeable consequence of removal to Romania.

The Tribunal considered the applicant's claims regarding past family violence, her lack of support networks in Romania, her inability to speak or understand the Romanian language, and her fears of trafficking. It also took into account the relevant Ministerial Directions, Refugee Law Guidelines, Complementary Protection Guidelines, and country information. Despite acknowledging the applicant's difficult circumstances, including her period as an unlawful non-citizen and the support she received from charitable organisations, the Tribunal affirmed the decision not to grant the protection visa.

The Tribunal referred the matter to the Minister for consideration, noting the extensive submissions and supporting material provided by the applicant, while observing that further material might be required by the Department. The final order was that the decision under review, which refused the protection visa, was affirmed.