1826114 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a person from the Solomon Islands. The applicant claimed to fear persecution due to their homosexuality or bisexuality. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) or (aa) of the *Migration Act 1958* (Cth), or as a member of the family unit of a person who meets those criteria under section 36(2)(b) or (c).

The Tribunal's assessment involved evaluating the applicant's claims and evidence in light of the *Migration Act 1958* and relevant guidelines. Key considerations included the applicant's responsibility to provide sufficient evidence, the assessment of credibility, and the significance of any delay in seeking protection. The Tribunal also took into account country information regarding the Solomon Islands, including reports from the US Department of State detailing the criminalisation of sodomy and "indecent practices between persons of the same sex," though noting a general lack of enforcement and reports of violence or discrimination against LGBTQI+ persons. The Tribunal found that the applicant's evidence was vague, evasive, and inconsistent, raising credibility concerns.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa. The Tribunal concluded that there was no evidence before it to suggest that the applicant satisfied the criteria under section 36(2)(b) or (c) of the Act, which require the applicant to be a member of the same family unit as a person who holds a protection visa. Consequently, the applicant did not meet the requirements for the grant of a protection visa.