2401014 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa. The applicant, a citizen of Papua New Guinea, arrived in Australia in July 2023 and subsequently applied for a protection visa due to fears for her safety in her home country. The applicant's claims were based on experiences of tribal violence, increased criminal activity, and her inability to secure employment or adequate support due to these circumstances. Crucially, during her time in Australia, the applicant was diagnosed with HIV and disseminated tuberculosis, leading to significant health concerns regarding access to timely and appropriate medical treatment if returned to Papua New Guinea.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing a real risk of significant harm as a necessary and foreseeable consequence of removal to Papua New Guinea. This involved assessing the applicant's well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and considering the availability of effective protection measures in Papua New Guinea. The Tribunal also had to consider the meaning of "significant harm" and whether the applicant's medical condition and the accessibility of treatment in Papua New Guinea constituted such harm.

The Tribunal found that the applicant was a citizen of Papua New Guinea and that her claim should be assessed against that country. While the applicant's initial claims focused on tribal violence and general crime, the Tribunal also took into account the significant medical evidence presented regarding her HIV and tuberculosis diagnoses. The Tribunal considered the potential for treatment interruptions in Papua New Guinea and the risk of fatal consequences, as well as the lack of access to ancillary care. The Tribunal was satisfied that the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth).

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth).