2404405 (Refugee)

The applicant, a national of Papua New Guinea, sought a protection visa due to fear of harm from her ex-husband. The dispute before the Tribunal concerned whether the applicant met the criteria for a protection visa, either as a refugee or under complementary protection provisions.

The Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and if Australia had protection obligations towards her. Additionally, the Tribunal had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of her removal from Australia to Papua New Guinea, the applicant would face a real risk of suffering significant harm.

The Tribunal considered the applicant's evidence of past harm, including physical assaults and threats from her ex-husband and his associates, as well as country information regarding traditional values, gender roles, gender-based violence, and police inaction in Papua New Guinea. While acknowledging a real chance of harm in her local area, the Tribunal also considered the possibility of relocation within Papua New Guinea. The Tribunal found that the applicant did not satisfy the criteria for refugee status but remitted the matter for reconsideration on the basis that she met the criteria for complementary protection, specifically that there was a real risk of significant harm upon removal to Papua New Guinea, and that relocation was not reasonable due to her unemployment and responsibility for her children.