2317000 (Refugee)

The Administrative Appeals Tribunal considered the protection visa application of a citizen of the Solomon Islands. The applicant arrived in Australia in August 2021 and lodged her protection visa application in August 2023. The dispute centred on whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to the Solomon Islands, particularly in light of alleged family violence and the potential for forced marriage.

The primary legal issue before the Tribunal was to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires a well-founded fear of persecution, or alternatively, under section 36(2)(aa), which concerns a real risk of significant harm as a necessary and foreseeable consequence of removal. This involved assessing the credibility and substance of the applicant's claims of family violence, including an attempted forced marriage, and the availability of protection within the Solomon Islands.

The Tribunal found that while the applicant's initial written claims lacked detail, her oral evidence at the hearing provided significant and compelling detail regarding the violence she experienced from her uncle, including physical assault and threats of death if she did not comply with an arranged marriage. The Tribunal noted the applicant's assertion that authorities in her country would not provide protection and that she had attempted to relocate within the Solomon Islands but feared being found. Applying the principles of Ministerial Direction No. 84 and relevant guidelines, the Tribunal was satisfied that the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(a) of the Act. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a).