2403804 (Refugee)

The applicants, including Ms [A], sought merits review of the Department of Home Affairs' decision to refuse their protection visa applications. Ms [A], a national of Kiribati, claimed to have suffered emotional and physical harm from her ex-husband and feared mistreatment and serious harm upon return to Kiribati due to a new relationship and child. The Tribunal was required to determine whether the applicants met the criteria for a protection visa, either as refugees or through complementary protection.

The central legal issues were whether Ms [A] had a well-founded fear of persecution for a Convention reason, or if there were substantial grounds for believing she faced a real risk of significant harm if removed from Australia to Kiribati. The Tribunal considered Ms [A]'s claims of past harm and future fear, the evidence presented, and country information regarding Kiribati. It also examined the delay in lodging the protection visa application after the expiry of her previous visa.

The Tribunal found that the applicants did not satisfy the refugee criterion. While acknowledging Ms [A]'s claims of past harm and fear of future mistreatment, the Tribunal was not satisfied that these fears were well-founded or that the harm would be for a Convention reason. Furthermore, the Tribunal concluded that the applicants did not meet the criteria for complementary protection, as there were no substantial grounds to believe they faced a real risk of significant harm upon removal to Kiribati. The Tribunal affirmed the Department's decision to refuse the protection visas.