1912970 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Home Affairs' decision to refuse the applicant, a citizen of Papua New Guinea, a protection visa. The applicant claimed to fear harm due to his involvement in attempting to mediate tribal disputes in his home region, which led to threats against him and the destruction of his property.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(aa) of the Migration Act 1958 (Cth), which concerns complementary protection obligations. This required the court to determine if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Papua New Guinea, the applicant faced a real risk of suffering significant harm.

The court considered the applicant's evidence detailing escalating tribal conflict, his attempts to involve the police, and the subsequent personal threats and property damage he experienced. It noted that while the applicant might not meet the definition of a refugee under section 36(2)(a), the complementary protection criterion under section 36(2)(aa) was engaged. The court found that the applicant's children satisfied section 36(2)(aa) of the Act. The court also noted that there was information before it that might raise questions regarding section 36(1C) of the Act, concerning family violence offences committed in Australia, an issue outside the Tribunal's power to determine but noted for consideration by the Department on remittal.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfied section 36(2)(c)(i) of the Migration Act, indicating that the applicant's children were members of the same family unit as a non-citizen who satisfied the complementary protection criterion.