2404134 (Refugee)

The applicant sought review of a delegate of the Minister for Home Affairs' decision to refuse her a protection visa. The applicant, a national of the Solomon Islands, claimed to have fled her country due to domestic violence perpetrated by her husband, alleging physical and sexual abuse, threats, and a lack of recourse to authorities. She also claimed that women in her country lacked rights and that authorities would not protect her.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically whether she was a refugee under s 36(2)(a) of the *Migration Act 1958* (Cth) or, alternatively, whether Australia had protection obligations towards her under the complementary protection criterion in s 36(2)(aa) of the Act. This involved assessing whether she had a well-founded fear of persecution or a real risk of suffering significant harm upon removal to the Solomon Islands.

The Tribunal found that while the applicant's account of abuse was credible and consistent, she did not meet the definition of a refugee because the real chance of persecution from her former husband was localised to specific areas of the Solomon Islands and did not extend to all areas of the receiving country as required by s 5J(1)(c). However, the Tribunal was satisfied that the applicant met the complementary protection criterion. It accepted that she faced a real risk of suffering significant harm, specifically cruel, inhuman, or degrading treatment or punishment, from her former husband if returned to the Solomon Islands. The Tribunal considered that relocation would not be reasonable given her lack of employment experience, limited family support outside of specific areas, and the prevalence of gender-based violence in the country. Furthermore, it found that she could not obtain effective protection from the authorities.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfied s 36(2)(aa) of the *Migration Act 1958*, meaning Australia had protection obligations towards her.