1710577 (Refugee)

This matter concerned an application for a protection visa by a man from Papua New Guinea. The applicant claimed he faced threats of harm from opposition tribes due to his political activities as a failed candidate in the 2012 national elections. The applicant had an extensive travel history between Papua New Guinea and Australia, and he applied for the protection visa in December 2016. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, and if not, whether he was entitled to complementary protection.

The central legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of political opinion, and whether he could obtain effective protection from the authorities in Papua New Guinea. The Tribunal also considered the applicant's extensive travel history between the two countries and any potential credibility concerns arising from the detail, or lack thereof, in his application and submissions. The Tribunal was required to assess the risk of significant harm to the applicant in Papua New Guinea, taking into account the provisions of the Migration Act 1958, including the definition of significant harm and the availability of effective protection measures.

The Tribunal found that the applicant's protection visa application lacked detail, with several parts left incomplete, including his date and place of birth. While acknowledging the applicant's claims of threats and abuse stemming from his political candidacy and the strong culture of "payback killing" in the Highlands region, the Tribunal ultimately affirmed the decision not to grant the protection visa. The Tribunal concluded that the applicant did not satisfy the criterion under section 36(2) of the Act, and therefore, the decision under review was affirmed.