2401147 (Refugee)

The applicant, a citizen of Papua New Guinea, sought a protection visa, claiming she was fleeing domestic violence from her former partner. The dispute centred on whether Australia had protection obligations towards her under section 36(2)(a) (as a refugee) or section 36(2)(aa) (complementary protection) of the Migration Act 1958. The case was heard by Mia Bailey, a Member of the Tribunal.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of membership of a particular social group, and whether Australia owed her protection obligations under the Act. This involved assessing the credibility of her claims of ongoing domestic violence, the effectiveness of protection measures available in Papua New Guinea, and the applicant's own actions and omissions in relation to her protection claim.

The Tribunal found that the applicant's claims of domestic violence, including assaults and burns, and the abduction of her eldest child by her former partner, were credible. Despite inconsistencies in her application and difficulties in recalling dates, the Tribunal considered the country information indicating that family violence is often treated as a private matter in Papua New Guinea with limited enforcement of laws. The Tribunal also noted that the applicant had not been invited to an interview by the original delegate and that the delegate's request for further information had not been adequately addressed due to the applicant's reliance on a third party to prepare her application. The Tribunal concluded that there was a real chance of harm to the applicant in all areas of Papua New Guinea.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criterion under section 36(2)(a) of the Act, meaning Australia has protection obligations towards her.