2311266 (Refugee)

This matter concerned an application for a protection visa by a woman and her child, who were citizens of Kazakhstan. The applicant claimed to have experienced severe family violence from her father throughout her childhood, which continued into adulthood. The dispute before the Tribunal was whether the applicant and her child met the criteria for the grant of a protection visa.

The primary legal issue before the Tribunal was to determine whether the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(a) of the *Migration Act 1958* (Cth), meaning she was a refugee with a well-founded fear of persecution. This involved assessing the applicant's claims of past family violence and the likelihood of future harm upon return to Kazakhstan, considering the availability of state protection. The Tribunal also considered the complementary protection criterion under section 36(2)(aa) and the definition of "significant harm" as outlined in the Act.

The Tribunal, presided over by Member Phillippa Wearne, found the applicant's claims to be credible and reliable, accepting her oral and detailed statements, supported by her mother's evidence. The Tribunal accepted that the applicant had experienced severe family violence from her father, including physical and verbal abuse, and that this violence was often perpetrated in private. While the applicant did not fear future harm from her former husbands, she did fear her father might harm her child in the future. The Tribunal concluded that Australia had protection obligations towards the applicant under section 36(2)(a) of the Act.

Consequently, the Tribunal remitted the matter for reconsideration with directions that the first applicant satisfies section 36(2)(a) of the *Migration Act*, and the child applicant satisfies section 36(2)(b)(i) of the Act on the basis of membership of the same family unit.