2401175 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa. The applicant claimed to have a well-founded fear of persecution in Papua New Guinea due to past abuse from an ex-boyfriend, who allegedly had connections within the police force. The applicant also raised concerns about her safety following a new relationship and pregnancy, and the potential risk to her family if she were to return.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons outlined in section 5J(1) of the *Migration Act 1958* (Cth), and whether there was a real chance she would suffer serious harm if returned to Papua New Guinea. Alternatively, the Tribunal was required to consider if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal, the applicant would suffer significant harm as defined in section 36(2A) of the Act.

The Tribunal noted that the applicant had provided detailed claims of physical and verbal abuse, including threats to her life and the life of her son and partner. She also stated that attempts to report the abuse to the police were unsuccessful, as such issues were perceived as common in Papua New Guinea. The Tribunal considered the applicant's fear of her ex-boyfriend, the alleged influence of his friends within the police, and the fact that she could not relocate within Papua New Guinea without still being at risk.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. It directed that the applicant satisfies section 36(2)(a) of the *Migration Act 1958*, indicating that Australia has protection obligations towards her as a refugee.