2405700 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by an applicant from the Solomon Islands. The applicant claimed to be a victim of long-term partner violence, including coercive control and physical, emotional, and verbal abuse from a former boyfriend. The applicant also raised concerns about the boyfriend's anti-social behaviour, association with police, and the potential for him to continue to seek her out due to familial and social connections, as well as their shared employment sector.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), specifically whether she was a refugee owing to a well-founded fear of persecution. This required the Tribunal to assess whether the applicant feared persecution for reasons of membership of a particular social group, whether there was a real chance of such persecution if she returned to the Solomon Islands, and whether this risk related to all areas of the country. The Tribunal also had to consider country information regarding the prevalence of gender-based violence, the effectiveness of police responses, and prevailing cultural attitudes.

The Tribunal's reasoning focused on the nature of the abuse experienced by the applicant, drawing on the National Domestic and Family Violence Bench Book and reports on domestic violence deaths. It recognised that domestic and family violence often involves a complex pattern of controlling behaviour, referred to as coercive control, which can escalate risk. The Tribunal noted that a victim's self-perception of risk is a strong predictor of future harm and that victims should be believed. The evidence presented, including consistent and credible statements from the applicant and supporting documents, indicated a pattern of escalating abuse and controlling behaviour by the former boyfriend, coupled with concerns about his continued ability to locate and harm the applicant due to their social and professional connections. The Tribunal also considered country information suggesting limited protection for victims of gender-based violence in the Solomon Islands.

The Tribunal was satisfied that the applicant met the refugee criterion and was therefore a person in respect of whom Australia had protection obligations. The matter was remitted for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth).