2402622 (Refugee)

The applicant sought a protection visa, claiming a well-founded fear of persecution and serious harm if returned to Kiribati. The dispute centred on whether the applicant met the criteria for a protection visa under s 36(2)(a) of the Migration Act 1958 (Cth) or the complementary protection criteria under s 36(2)(aa). The decision was made by the Refugee Tribunal.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons outlined in s 5J of the Act, and if there was a real chance she would suffer serious harm upon return to Kiribati. Alternatively, the Tribunal had to assess whether the applicant met the complementary protection criteria.

The Tribunal considered the applicant's claims that her ex-spouse had abandoned their family, threatened her, and that she had experienced bodily harm. She stated that authorities in Kiribati would likely treat such matters as private family issues and would not offer protection, and that relocation within the small country would not be feasible for safety. The Tribunal noted that it had taken into account relevant guidelines and country information.

The Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant satisfies s 36(2)(a) of the Migration Act.