2402829 (Refugee)

This case concerned an application for a protection visa by a woman from Papua New Guinea (PNG). The applicant claimed to fear domestic violence from her former partner, alleging verbal abuse and physical assault. She also expressed fears for her sons' safety if they were returned to PNG. The Administrative Appeals Tribunal (AAT) reviewed the decision to refuse the visa.

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 if returned to PNG. The Tribunal was required to assess the credibility of the applicant's claims, considering the evidence presented, including her oral testimony and statutory declarations, against available country information regarding domestic violence and the general safety situation in PNG.

The Tribunal considered the applicant's history of alleged domestic violence, acknowledging the difficulties in presenting such claims and the potential impact of trauma on memory. However, the Tribunal found significant inconsistencies in the applicant's evidence regarding contact with her former husband and his family after she left him in 2019. Specifically, the Tribunal noted discrepancies in dates and the nature of alleged communications. While accepting that the applicant had experienced past abuse, the Tribunal was not satisfied that there was a real risk of significant harm upon her return to PNG, particularly given the passage of time since the relationship ended and her ability to live in various locations within PNG without apparent harm. The Tribunal also considered the possibility of relocation within PNG and the availability of protection, ultimately finding that the applicant had not established substantial grounds for believing she would suffer significant harm.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that she did not meet the criteria under either section 36(2)(a) or section 36(2)(aa) of the Migration Act 1958.