2408544 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for a protection visa by a woman from Iraq. The applicant, a single Arab tribal woman who had separated from her husband, claimed she would be unable to find work or accommodation and would be susceptible to harassment if returned to Iraq. She also argued that relocation within Iraq would be unreasonable due to her children's limited fluency in Arabic and their "westernised behaviour."

The central legal issue before the Tribunal was whether the applicant would be a refugee within the meaning of section 5 of the *Migration Act 1958* (Cth) if returned to Iraq. This required the Tribunal to assess whether she would have a well-founded fear of persecution for reasons of membership of a particular social group, and whether state protection would be unavailable or ineffective. The Tribunal also had to consider the reasonableness of relocation within Iraq.

The Tribunal found that the applicant, as a single tribal woman who had separated from her husband and was the sole breadwinner for her children, constituted a particular social group. It accepted that she would face significant difficulties in finding employment and accommodation, and would be susceptible to harassment and potential harm in Iraq. Furthermore, the Tribunal concluded that relocation within Iraq would be unreasonable, given her children's lack of fluency in Arabic and their perceived "westernised behaviour," which would likely expose them to further risks. Consequently, the Tribunal determined that the applicant would be a refugee.

The Tribunal set aside the decision under review and remitted the matter to the Department of Home Affairs for a decision to be made in accordance with the Tribunal's findings.