Outcome
The Administrative Review Tribunal set aside the visa refusal, allowing the client to remain in Australia
Special Circumstances
The Department concluded the client would not face a real risk of harm if returned to their home country and could safely relocate internally.
Our client’s Protection visa (Subclass 866) application was refused after the Department found they did not face a real risk of significant harm if returned to their home country. We presented detailed evidence supporting the client’s claims, including expert reports, witness statements and current country information, demonstrating that the risk remained real and ongoing. The Tribunal accepted our submissions, set aside the refusal and found Australia’s complementary protection obligations applied.
The Challenge
Our client applied for a Subclass 866 Protection visa after fleeing their home country due to fears of serious harm arising from political activities, involvement in a community defence group, humanitarian work, and previous threats from extremist groups.
The Department refused the application, finding aspects of the client’s claims lacked credibility and concluding they would not face a real risk if returned, suggesting internal relocation was possible.
Kindra's Approach
We developed a comprehensive case that combined independent evidence, expert reports and current country information to demonstrate that the risk to our client remained real and ongoing. Our team corroborated the client’s political activities, humanitarian work and previous targeting through documentary evidence, organisational records and witness statements. We presented contemporary country information showing that individuals with similar backgrounds continued to face violence and persecution despite the passage of time.
We also obtained expert psychological evidence explaining our client’s vulnerabilities and how these affected the assessment of future risk and the reasonableness of internal relocation. Finally, we challenged the Department’s argument that our client could safely relocate within their home country by demonstrating they had no meaningful support network elsewhere and would remain vulnerable if forced to return.
The Outcome
The Tribunal accepted they faced a real risk of significant harm and satisfied Australia’s complementary protection obligations. The refusal was set aside, allowing our client to remain in Australia under the protection visa framework.
Had your Protection Visa refused? If your Protection visa application has been refused, Kindra Migration Lawyers can assess your circumstances and advise you on your options for review or appeal.