2003875 (Refugee)

The Administrative Appeals Tribunal (AAT) reviewed a decision concerning a protection visa application made by an individual from Papua New Guinea. The applicant claimed to fear harm upon return due to his involvement as a campaign manager in the 2012 PNG election, alleging electoral violence, destruction of property, and subsequent threats and rejection by his community and tribe. The Tribunal considered evidence provided to the Department and new evidence before it, including statements from the applicant, church members, and independent country information.

The primary legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically political opinion, or met the complementary protection criteria. This required the Tribunal to make findings of fact regarding the applicant's claims of electoral violence, his role in it, and whether he was individually targeted or faced a real chance of serious harm upon return to his home region in Papua New Guinea. The Tribunal also had to assess the applicant's credibility and the reliability of his evidence, acknowledging the difficulties asylum seekers may face in presenting their claims.

The Tribunal affirmed the delegate's decision, finding that the applicant had not established a well-founded fear of persecution. While acknowledging the applicant's nationality and his role in the 2012 election, the Tribunal was not satisfied that he had been individually targeted by supporters of the opposing candidate or others. The Tribunal noted that the applicant appeared to have maintained a relatively normal life for three and a half years following the election without harm. Furthermore, country information suggested reconciliation between tribes involved in the electoral violence. Consequently, the Tribunal concluded that the applicant did not face a real chance of serious harm due to his political opinion, his tribe's blame for property damage, or his tribal membership, individually or cumulatively, and therefore did not meet the criteria for a protection visa.