Currently, persecution and the fear of experiencing it are realities that affect many people worldwide. Australia, as a country committed to human rights, offers a safe haven for those facing persecution in their home countries.
In this article, we will explore the concept of persecution and well-founded fear in the context of seeking asylum in Australia.
Persecution: A Key Element for Protection
Persecution refers to unjust, hostile, or harmful treatment inflicted upon a person or group of people for specific reasons, which must include religion, nationality, political opinion, or membership in a particular social group. This treatment can manifest in various forms, including physical violence, discrimination, harassment, abuse, or any form of harmful treatment that severely affects the life and rights of the persecuted person or group.
When seeking asylum or a protection visa, demonstrating persecution is crucial. The person must show a well-founded fear of suffering serious harm if they return to their country of origin due to one of the protected grounds mentioned above. It is important to note that past instances of persecution can establish a confirmed case of persecution if there is a real possibility that the person will be persecuted again if they return to their home country.
Well-Founded Fear of Persecution
The law states that a person has a well-founded fear of persecution if they meet certain criteria, which include:
- Fear of persecution for at least one of the five reasons specified in the law (race, religion, nationality, political opinion, or membership in a particular social group).
- There is a real possibility of persecution if the person returns to their country of origin.
- The real possibility of persecution applies to all areas of their home country.
- At least one of the five reasons must be the essential and significant reason for the persecution.
- The persecution involves both “serious harm” to the person and “systematic and discriminatory conduct.”
What is Classified as “Serious Harm”?
“Serious harm” includes threats to life or liberty, physical harassment and significant mistreatment, economic hardships threatening the ability to survive, and denial of essential services or the ability to make a living.
The Five Protected Grounds
The law establishes five specific reasons why a person may claim that a persecutor is motivated to inflict harm upon them. These reasons align with those set forth in the Refugee Convention and are:
- Race
- Religion
- Nationality
- Membership in a particular social group (PSG – both family and non-family)
- Political opinion
Membership in a Particular Social Group (PSG): An Important Criterion
Within these five criteria, membership in a particular social group (PSG) is especially relevant for those seeking asylum or protection. A PSG refers to a group of individuals who share a common characteristic, background, or identity that distinguishes them from the rest of society. This could include inherent characteristics such as gender, sexual orientation, ethnicity, or even belonging to a specific family or community.
To apply for a protection visa under the PSG criterion, the applicant must demonstrate:
- Membership in a recognizable group.
- A well-founded fear of persecution due to their membership in that group.
- Causality between their affiliation with the group and the persecution.
- Inability of the government or authorities to protect the applicant.
- Lack of internal security within the country of origin.
The PSG (Particular Social Group) can include groups based on family relationships or kinship ties, as well as groups sharing common characteristics, affiliations, or experiences that distinguish them as a distinct social group.
Conclusions
In summary, Australia provides protection to those facing persecution in their home country, provided they can demonstrate a well-founded fear of suffering serious harm due to one of the five reasons, including membership in a particular social group. The asylum and protection visa application process is complex, and while these requirements are fundamental for a successful visa application, it is important to note that there are other criteria to fulfill. However, understanding these concepts is essential for those seeking safety in Australia.
If you have experienced the circumstances mentioned and are currently in Australia seeking refuge, we recommend that you contact our team of legal advisors specializing in these types of applications. They will assess your situation and evaluate the concrete possibilities you have to obtain residency through the protection visa in Australia.
