2314035 (Refugee)

The applicant sought review of a delegate of the Minister for Home Affairs' decision to refuse her a protection visa. The applicant, a woman from the Solomon Islands, claimed fear of domestic violence from her ex-partner upon return to her home country. The delegate had refused the visa on the grounds of insufficient detail regarding the alleged domestic violence. The Administrative Appeals Tribunal (the Tribunal) reviewed this decision.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 65 of the *Migration Act 1958* (Cth). This involved determining if she was a refugee due to a well-founded fear of persecution, or if she met the complementary protection criterion, meaning there were substantial grounds for believing she would suffer significant harm if removed from Australia to the Solomon Islands.

The Tribunal found that the applicant, who consented to a decision on the papers, had not provided sufficient detail to establish a well-founded fear of persecution or a real risk of significant harm. Despite invitations to provide further information and submissions, and an invitation to attend a hearing, the applicant did not participate further in the review process. The Tribunal noted the lack of specific details regarding the alleged assaults, the applicant's responses to the abuse, any witnesses, police involvement, or medical evidence. Consequently, the Tribunal was not satisfied that the applicant had suffered harm or would suffer harm amounting to serious harm, nor that there was a real chance of persecution or significant harm upon return to the Solomon Islands.

The Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.