1907399 (Refugee)

The Administrative Appeals Tribunal considered the protection visa application of an applicant who claimed to fear harm from the husband of an ex-girlfriend, with whom he had an extramarital affair. The applicant's claims included that the ex-girlfriend's husband had threatened him and, in his absence, had murdered his brother and burned down his home in Papua New Guinea. The Tribunal was required to determine whether the applicant was owed protection by Australia under section 36(2)(a) or 36(2)(aa) of the Migration Act 1958 (Cth).

During a protection visa interview, the applicant made admissions that significantly undermined his claims. He admitted that his family home had not been burned down and that the alleged attack by his ex-girlfriend's husband and his associates had not occurred. Furthermore, the applicant conceded that the death certificate for his brother was a fabricated document, and while his brother had died, it was not in the circumstances he had initially claimed. He also admitted that the police report concerning his brother's death was a fabricated document organised by his ex-girlfriend.

The Tribunal found that the applicant's admissions cast serious doubt on the veracity of his protection claims. The Tribunal was satisfied as to the applicant's identity, and that Papua New Guinea would be the relevant country for assessing his protection eligibility. However, due to the admissions made by the applicant regarding the fabricated nature of key evidence and the falsity of central elements of his claimed persecution, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal's decision was influenced by the applicant's own admissions that undermined the basis of his protection claims.