1620364 (Refugee)

This matter concerned an application for a protection visa by an individual from Papua New Guinea (PNG). The applicant claimed to be a member of the [Tribe 1] tribe and feared persecution from rival tribes, specifically [Tribe 2] and their allies. The applicant also alleged he was a target due to his occupation as an [Occupation 1], his perceived wealth, and his past residence in Australia. The dispute before the Tribunal was whether the applicant faced a well-founded fear of persecution in PNG or if complementary protection provisions applied.

The primary legal issue before the Tribunal was to determine if the applicant had a well-founded fear of persecution based on his membership in a particular social group, namely '[Tribe 1] tribesmen', due to intertribal violence. The Tribunal was required to consider the applicant's claims of being targeted by enemy tribesmen, the risks associated with his occupation and perceived wealth, and the possibility of being compelled to fight by his own tribe. Additionally, the Tribunal needed to assess whether relocation to a different part of PNG would be a reasonable and safe option for the applicant to avoid harm.

The Tribunal found that the applicant had a well-founded fear of persecution on the basis of his membership in the particular social group of '[Tribe 1] tribesmen' facing threats from enemy tribesmen. This conclusion was supported by country information indicating that tribal violence, particularly from the Highlands, sometimes extended to urban centres like Port Moresby and Lae. The Tribunal was not satisfied that the applicant could safely avoid serious harm, including 'payback killings', even if he relocated. While the applicant had previously lived in Port Moresby with limited movements and within specific safe areas, the Tribunal determined that relocation was not a reasonable or safe option in his case. Consequently, the Tribunal was satisfied that Australia had protection obligations towards the applicant.

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