2000613 (Refugee)

The applicant, who is a national of Papua New Guinea, sought a protection visa on 27 April 2018. The applicant claimed to have fled his home province due to political opinion, specifically arising from conflict during and after the 2017 general election. He alleged he was a candidate in the provincial election and, following the election, his tribe became involved in violent conflict with another tribe supported by the winning candidate, resulting in numerous deaths and destruction of property. The applicant stated he was informed of a conspiracy to kill him and feared he would be threatened, harmed, killed, and left without livelihood or shelter if returned to Papua New Guinea. The decision under review was made by the Refugee Tribunal.

The primary legal issue before the court was whether the applicant had a well-founded fear of persecution for reasons of political opinion, as defined by section 5J of the *Migration Act 1958* (Cth), and whether effective protection measures were available to him in Papua New Guinea. This involved determining if the applicant's fear of harm was a real chance, if it related to all areas of Papua New Guinea, and if the alleged persecution was for an essential and significant reason, involved serious harm, and was systematic and discriminatory.

The court found that the applicant's claims and evidence were relevantly consistent and credible. It considered country information regarding tribal conflicts, election violence, and the effectiveness of police protection in Papua New Guinea. The court concluded that the risk of harm to the applicant related to all areas of Papua New Guinea because effective protection measures were not available. Consequently, the court was satisfied that the applicant was owed protection under section 36(2)(a) of the *Migration Act 1958* (Cth).

The Refugee Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth).