1611898 (Refugee)

This matter concerned an application for a protection visa by a national of Papua New Guinea. The applicant claimed a well-founded fear of persecution or a real risk of significant harm if returned to his home country due to tribal clan-based violence, land disputes, and jealousy stemming from his scholarship and studies in Australia. The decision-maker accepted the applicant's identity and nationality.

The primary legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution for reasons of membership in a particular social group, or a real risk of significant harm, under the Migration Act 1958 (Cth) and the Refugees Convention. Specifically, the Tribunal had to consider whether the applicant's claims regarding his clan, family land disputes, and the potential for targeting due to his educational achievements constituted grounds for protection.

The Tribunal found the applicant to be a credible witness, whose account was corroborated by independent country information regarding the high levels of violence, tribal conflict, and land disputes in Papua New Guinea. The Tribunal noted that the applicant's claims were consistent with firsthand experiences of another witness and with DFAT country information detailing the prevalence of tribal violence, often exacerbated by access to firearms and alcohol, and the displacement of individuals due to such conflicts. The Tribunal concluded that Australia had protection obligations towards the applicant under the Refugees Convention, satisfying the criterion in s.36(2)(a) of the Migration Act.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies s.36(2)(a) of the Migration Act.