2315773 (Refugee)

The applicant, a citizen of the Solomon Islands, sought review of a decision by the Department of Home Affairs to refuse her application for a protection visa. The applicant claimed to have experienced significant family violence, including abuse and assault by her family members and ex-husband, and threats of further abuse. She also contended that if returned to the Solomon Islands, she would face a real risk of suffering significant harm due to societal attitudes, police inaction, and the limited opportunity to relocate.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) (the Act), or alternatively, the complementary protection criterion under section 36(2)(aa) of the Act. This involved assessing the applicant's claims of harm, the credibility and consistency of her evidence, and relevant country information regarding domestic and gender-based violence in the Solomon Islands. The Tribunal was also required to consider the applicant's initial failure to respond to the Department's request for further information.

The Tribunal found that while the applicant's initial written claims were non-specific, the substantial amount of personal, consistent, and coherent evidence provided at the hearing, including details of customary marriage, forced marriage, and ongoing abuse by her ex-husband and family, established a well-founded fear of persecution. The Tribunal also considered country information indicating high levels of domestic and gender-based violence and a lack of effective protection from authorities in the Solomon Islands. Given these findings, the Tribunal concluded that the applicant met the criteria for the grant of a protection visa.

Consequently, the Tribunal set aside the delegate's decision and remitted the matter to the delegate with a direction to grant the protection visa.