2010789 (Refugee)

The applicant, a citizen of Papua New Guinea, sought review of a decision by the Minister for Immigration and Citizenship to refuse to grant a protection visa. The applicant claimed to fear persecution upon return to Papua New Guinea due to his race and tribal affiliations, citing concerns about election-related violence and the risk of being killed. The applicant had previously visited Papua New Guinea after lodging his application for the protection visa. The Administrative Appeals Tribunal had affirmed the Minister's decision.

The primary legal issue before the court was whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically race, such that he would be entitled to a protection visa under the *Migration Act 1958* (Cth). The court was required to consider the applicant's claims of fear in light of his return visit to Papua New Guinea and the delay in his application for protection.

The court considered the evidence presented by the applicant regarding the general situation in Papua New Guinea, including tribal and election violence. However, it found that the applicant had not demonstrated that he would personally face persecution on return, particularly given the circumstances of his return visit and the time elapsed since he last experienced the alleged threats. The court applied the principles established in refugee law concerning the assessment of a well-founded fear of persecution, requiring a subjective fear to be objectively reasonable. The Tribunal's findings were upheld as the court found no error in its assessment of the evidence and the application of the relevant legal tests.

The application for review was dismissed.