2300705 (Refugee)

This matter concerned a review by the Administrative Appeals Tribunal of a delegate's decision regarding a protection visa application. The applicant, a young Sunni woman from Tripoli, Lebanon, claimed she would face serious harm if returned to Lebanon due to her gender and membership in a particular social group. She asserted that her extended family, who disapproved of her past relationship and out-of-wedlock children, would subject her to discrimination, isolation, verbal abuse, harassment, and threats to her life.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason, specifically whether she would face serious harm as a necessary and foreseeable consequence of removal to Lebanon. This involved assessing the availability of adequate and effective state protection and whether internal relocation within Lebanon would be reasonable. The Tribunal also considered whether the applicant's personal attributes, including her psychological vulnerability and dependence on her husband, were relevant in assessing the seriousness of any harm.

The Tribunal found that gender-based violence is pervasive in Lebanon, exacerbated by cultural norms and a patriarchal society. It accepted evidence that the applicant's extended family considered her to have brought shame upon them and referred to her and her children with derogatory terms. Considering country information regarding "honour killings" and domestic violence, and the applicant's specific circumstances, including her vulnerability and lack of family support, the Tribunal concluded there was a real chance she would face serious harm. The Tribunal further found that adequate state protection was not available in Lebanon and internal relocation would not be reasonable.

Consequently, the Tribunal determined that the applicant was a person in respect of whom Australia had protection obligations under the Refugees Convention. The matter was remitted for reconsideration with a direction that the applicant satisfied the criterion under section 36(2)(a) of the Migration Act.