2401534 (Refugee)

The applicant, a citizen of Papua New Guinea, sought a protection visa, claiming a well-founded fear of persecution due to gender-based violence from her former partner. The dispute before the Tribunal concerned whether Australia owed protection obligations to the applicant under section 36(2)(a) or (aa) of the *Migration Act 1958* (Cth).

The primary legal issue was whether the applicant met the criteria for being a refugee, specifically whether she had a well-founded fear of persecution for reasons of membership of a particular social group, and whether effective protection was available in Papua New Guinea. The Tribunal also considered the complementary protection criterion, which requires a substantial ground for believing there is a real risk of significant harm as a necessary and foreseeable consequence of removal to Papua New Guinea.

The Tribunal reasoned that the applicant had provided evidence of repeated violence, threats, and harassment from her former partner, including incidents where police intervention was ineffective due to the partner's alleged bribery and connections. The applicant also claimed to have attempted internal relocation within Papua New Guinea, but her former partner's resources and connections thwarted these efforts. The Tribunal considered the definition of "significant harm" and the exceptions, including the availability of reasonable relocation or state protection.

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