1500508 (Refugee)

This matter concerned an application for a Protection visa by a citizen of Papua New Guinea (PNG). The applicant claimed to fear harm upon return to PNG due to a land dispute involving his family and illegal settlers, which had resulted in the death of a relative. He also claimed to fear generalised violence. The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason, or alternatively, whether there were substantial grounds for believing that removal would result in a real risk of significant harm.

The Tribunal considered the applicant's claims regarding the land dispute and the death of his relative, accepting that a land dispute had occurred and that a relative had been killed in connection with it. However, the Tribunal found the applicant's evidence regarding the ongoing nature of the dispute, the involvement of authorities, and the perpetrators of the murder to be unsubstantiated or lacking in detail. Significant weight was given to the applicant's extensive delay in applying for protection, his migration history, and his inability to provide corroborating evidence for his claims, including reports of alleged attacks on other relatives. The Tribunal also considered claims relating to the political profile of a relative, but found no evidence that this relative had been threatened or harmed, nor that it placed the applicant at risk.

The Tribunal concluded that the applicant had not established a well-founded fear of persecution for a Convention reason. Furthermore, it found no substantial grounds to believe that the applicant would suffer significant harm upon removal to PNG. This conclusion was based on the finding that the land dispute was not ongoing, that the applicant's relatives continued to reside safely in their home village, and that any risk of generalised violence was faced by the population at large rather than being a personal risk to the applicant. The Tribunal also noted the applicant's social and family ties (wantok system) in PNG, which would provide support upon return.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Protection visa, finding that he did not satisfy the criteria under either the refugee or complementary protection provisions of the Migration Act 1958.