1933816 (Refugee)

The applicant, a citizen of Papua New Guinea, sought a protection visa, claiming he would face a real chance of serious harm if returned to his home country due to tribal conflict. The dispute concerned whether Australia owed the applicant protection obligations under the Migration Act 1958 (Cth). The decision reviewed was made by the Refugee Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically whether he faced a real chance of serious harm under section 36(2)(a) of the Act, or significant harm under section 36(2)(aa) (complementary protection). The Tribunal also considered whether the applicant's fear of persecution was well-founded, taking into account country information and the applicant's personal circumstances.

The Tribunal reasoned that while tribal violence occurred in Papua New Guinea and the applicant's family was deceased, there was insufficient evidence to establish a real chance of serious harm to the applicant personally. The Tribunal accepted the applicant's claim of a tribal dispute over inherited land but found no evidence of an intention by the applicant to repossess the land, nor any indication that members of the relevant tribe would target him in Port Moresby. The Tribunal was not persuaded that the applicant left Papua New Guinea to escape a real chance of harm as prescribed by the Act, noting he had previously lived and subsisted in Port Moresby. The Tribunal concluded that the applicant's claim of being killed immediately upon return was an exaggeration, and that he would likely be able to find work or make a living in Port Moresby.

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