1911000 (Refugee)

The applicant sought a protection visa, claiming a well-founded fear of persecution in Papua New Guinea due to a land dispute between clans. The decision under review was made by Wayne Pennell, a Senior Member of the Tribunal. The applicant's claims included being targeted by enemies following a clan fight, the burning of his house, and ongoing conflict resulting in deaths, leading him to fear for his life if returned to Papua New Guinea. The Tribunal also noted the applicant had previously remained in Australia unlawfully for approximately 22 months.

The central legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). This required determining if there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Papua New Guinea, the applicant faced a real risk of suffering significant harm, or if he was a refugee due to a well-founded fear of persecution. The Tribunal was tasked with assessing the credibility of the applicant's claims and whether he had provided sufficient evidence to establish his case, as the onus rested entirely on the applicant.

The Tribunal reasoned that the applicant had not sufficiently particularised his claims, particularly his connection to the clans involved in the land dispute. Furthermore, the Tribunal found that the applicant had not established a well-founded fear of persecution, nor a real risk of significant harm upon return to Papua New Guinea. The Tribunal emphasised that it was not required to construct the applicant's case for him and that allegations alone do not establish the genuineness or well-foundedness of a fear. The applicant also failed to satisfy the criteria under section 36(2) by being a member of the same family unit as a person who holds a protection visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the *Migration Act 1958*.