1723925 (Refugee)

The Administrative Appeals Tribunal considered the protection visa applications of a Tongan family, with the primary applicant claiming fear of persecution due to her religious beliefs as a member of the Church of Jesus Christ of Latter-Day Saints (Mormons). The applicants asserted they would face harm from gangs or rebels opposed to the government in Tonga, and also due to their perceived affluence from having lived in Australia. The Tribunal was required to determine whether there was a real chance the applicants would suffer serious harm if returned to Tonga based on their religion, or alternatively, whether there were substantial grounds for believing that as a necessary and foreseeable consequence of their removal, they faced a real risk of significant harm.

The Tribunal applied Ministerial Direction No. 84, which mandates consideration of the 'Refugee Law Guidelines' and 'Complementary Protection Guidelines', as well as country information assessments. The primary applicant's claims centred on fear of targeting by gangs due to her Mormon faith and perceived wealth. The Tribunal also considered the validity of the applications for three additional family members, whose applications were initially deemed invalid under s. 91P of the Act due to holding multiple nationalities. Submissions were made regarding the children's vulnerability as minors, their potential separation from parents, and the uncertain status of their non-Tongan passports.

After considering the evidence and submissions, including testimony from the applicants, the Tribunal concluded that the decision under review should be affirmed. This indicates that the Tribunal found no real chance of serious harm or a real risk of significant harm upon return to Tonga, and therefore, the protection visa applications were not granted.