2215258 (Refugee)

The matter before the Administrative Review Tribunal (the Tribunal) is an appeal against a decision of a delegate of the Minister for Home Affairs, dated [date], to refuse the application for a protection visa by [named] and her family members. The Tribunal affirms the decision of the delegate. The applicant, a Bhutanese woman of the Lhotshampa ethnicity, has applied for a protection visa on the basis of a fear of persecution if she is returned to Bhutan. The Tribunal was required to determine whether the applicant satisfies the criteria for the grant of a protection visa under the Migration Act 1958. The Tribunal found that the applicant does not satisfy the criteria for the grant of a protection visa because there is no real risk that she will suffer significant harm if returned to Bhutan. In reaching this decision, the Tribunal found that the applicant has not provided sufficient evidence to establish a well-founded fear of persecution on the basis of her ethnicity, or that she is at risk of significant harm if returned to Bhutan. The Tribunal was not satisfied that the applicant has a well-founded fear of persecution on the basis of her ethnicity, or that there is a real risk that she will suffer significant harm if returned to Bhutan. Accordingly, the Tribunal affirms the delegate’s decision.