2317778 (Refugee)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to refuse to grant the applicant, a citizen of Papua New Guinea (PNG), a protection visa. The applicant claimed she had fled PNG due to experiencing severe domestic violence from a former partner, fearing for her safety and that of her family if she were to return. The delegate had refused the visa, not accepting the applicant's account of the relationship or the claimed domestic violence, and concluding there was no real risk of persecution or significant harm.

The primary legal issues before the Tribunal were whether the applicant had established a well-founded fear of persecution for reasons of membership of a particular social group, or alternatively, whether there was a real risk of significant harm if she were removed from Australia to PNG. This required the Tribunal to assess the credibility of the applicant's claims regarding the domestic violence, the nature of her relationship with her former partner, and the availability of effective protection measures in PNG.

The Tribunal found that the applicant's account of the relationship and the domestic violence was credible, differing from the delegate's assessment. The Tribunal considered the applicant's detailed and spontaneous evidence, supported by statutory declarations from herself and her father, and screenshots of social media profiles. It noted that trauma responses could explain any perceived lack of detail or inconsistencies in the applicant's account. The Tribunal concluded that Australia had protection obligations towards the applicant under section 36(2)(a) of the Migration Act 1958 (Cth), finding she was a refugee.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfied section 36(2)(a) of the Migration Act.