2403530 (Refugee)

The applicant, a national of Tonga, sought a protection visa, claiming to have fled her home country due to physical and sexual abuse by her ex-partner. She asserted that authorities in Tonga would not assist her due to cultural acceptance of her ex-partner's control, and that she had nowhere else to go, fearing further violence and severe mental health deterioration if returned. The applicant provided a brief statement to the Tribunal but no further supporting materials.

The central legal issue before the Tribunal was whether the applicant was a person in respect of whom Australia owed protection obligations. This required determining if she met the criteria for being a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth) or the complementary protection criterion under section 36(2)(aa), which concerns a real risk of significant harm as a necessary and foreseeable consequence of removal. The Tribunal was also required to consider relevant guidelines and country information.

The Tribunal affirmed the delegate's decision not to grant the visa. It found that the applicant had not provided sufficient information to establish a well-founded fear of persecution or a real risk of significant harm upon return to Tonga. While acknowledging the applicant's claims of abuse and fear, the Tribunal concluded that the evidence presented did not satisfy the statutory requirements for protection, particularly in relation to the availability of effective protection measures or the possibility of relocation within Tonga, which were not sufficiently addressed by the applicant. The Tribunal noted that the applicant did not satisfy the criterion under section 36(2) and therefore did not meet the requirements for a protection visa.