1621213 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa made by the applicant, who is a New Zealand citizen. The applicant claimed that if returned to New Zealand, he faced a real risk of being killed by motorcycle gangs or imprisoned for life due to his past involvement with such gangs, including alleged kidnapping, torture, and a shootout. He also stated he had been on parole for a criminal offence. The delegate of the Minister for Immigration had refused the visa, and the applicant sought review by the Migration and Refugee Division of the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958*. Specifically, the Tribunal had to consider if the applicant was a refugee as defined by section 5H of the Act, meaning he had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Alternatively, the Tribunal had to assess whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to New Zealand, there was a real risk that he would suffer significant harm.

The Senior Member, Giles Short, considered the applicant's claims and the evidence presented, including a police report detailing a serious assault on the applicant in 2005. Despite the applicant's assertions of fear of retribution from motorcycle gangs and past violent incidents, the Tribunal was not satisfied that the applicant was a person in respect of whom Australia had protection obligations. The Tribunal found that the applicant did not satisfy the criteria for a protection visa under either paragraph 36(2)(a) (as a refugee) or 36(2)(aa) (risk of significant harm upon removal).

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.