2217348 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa, who feared persecution from the military junta in Myanmar due to her actual and imputed political opposition. The applicant, a supporter of the deposed leader Aung San Suu Kyi, applied for the visa following the military coup in February 2021. The dispute centred on whether the applicant met the criteria for a protection visa, specifically the refugee and complementary protection criteria.

The Tribunal was required to determine if the applicant was a refugee and, if so, whether she possessed a current right to enter and reside in a third country. This involved assessing the risk of persecution upon return to Myanmar, considering the country information provided by the Department of Foreign Affairs and Trade (DFAT), and evaluating the availability of effective protection measures within Myanmar. The Tribunal also had regard to Ministerial Direction No. 84, the Refugee Law Guidelines, and the Complementary Protection Guidelines.

The Tribunal found that the applicant feared persecution for her political opinion, and given the country information, there was a real chance she would be persecuted if she returned to Myanmar. This persecution, perpetrated by the Myanmar authorities, was assessed as likely to involve serious harm, including widespread and egregious torture, and was considered systematic and discriminatory. The Tribunal noted that effective protection measures would not be available to the applicant in Myanmar. However, the Tribunal concluded that the matter should be remitted for reconsideration, indicating that a necessary aspect of the decision-making process, likely concerning the applicant's right to enter and reside in a third country, had not been adequately addressed.