1822222 (Refugee)

The applicants, a family group from the Philippines, sought protection visas in Australia. The primary applicant claimed to fear persecution upon return to the Philippines due to his vocal opposition to former President Rodrigo Duterte, alleging that supporters of the current administration engaged in extrajudicial killings and that he and his family would be threatened, harmed, or killed. He also raised concerns about the New People’s Army (NPA) targeting his family and the psychological impact of frequent typhoons on his children, as well as a lack of employment opportunities in the Philippines.

The court was required to determine whether the applicants met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which concerns being a refugee with a well-founded fear of persecution, or under section 36(2)(aa), which relates to complementary protection obligations due to a real risk of significant harm upon removal. This involved assessing the credibility of the applicants' claims regarding political opinion, the threat posed by the NPA, the impact of natural disasters, and the availability of employment and protection within the Philippines.

The Tribunal considered the applicants' claims in light of the 'Refugee Law Guidelines' and 'Complementary Protection Guidelines'. It accepted that the applicants were citizens of the Philippines and that the Philippines was their receiving country. However, the Tribunal was not satisfied that the applicants had established a well-founded fear of persecution for reasons of political opinion, nor that they faced a real risk of significant harm upon return. The Tribunal found that the risks identified, such as those posed by the NPA and the general population's exposure to natural disasters, were not sufficiently personalised or specific to the applicants to warrant protection under the Act.

Consequently, the Tribunal affirmed the decision not to grant the applicants protection visas, finding that they did not satisfy the criteria under section 36(2)(a) or (aa) of the Migration Act 1958.