2403002 (Refugee)

The applicant, a national of Papua New Guinea, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution or, alternatively, a real risk of suffering significant harm if returned to Papua New Guinea. The decision was made by Bridget Cullen, Senior Member of the Tribunal.

The 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, which requires a well-founded fear of persecution, or under section 36(2)(aa), which requires a real risk of significant harm as a necessary and foreseeable consequence of removal to Papua New Guinea. The Tribunal was required to consider the applicant's personal history, including experiences of family violence, in assessing these claims.

The Tribunal accepted the applicant's identity as a Papua New Guinea national and considered her claims in light of the 'Refugee Law Guidelines' and 'Complementary Protection Guidelines'. The applicant's history detailed significant domestic violence from her ex-husband, including attempts to run her over with a car and strangle her, and subsequent abuse from a de facto partner. The Tribunal found that the applicant had indeed experienced a high level of domestic violence.

The Tribunal concluded that the applicant satisfied the criterion set out in section 36(2)(a) of the Migration Act. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant meets this criterion.