2218784 (Refugee)

The applicant, a dual national of Samoa and New Zealand, sought a protection visa after his Special Category visa was cancelled. He claimed to have been a former member of a criminal gang in New Zealand, alleging he was initiated into the gang, tasked with organising drug drop-offs and collecting money, and subjected to threats and beatings against himself and his family if he failed to meet demands. He also claimed his family in Samoa had been visited and threatened by gang members. The applicant had previously sought assistance from New Zealand police but feared providing names would endanger himself and his family.

The court was required to determine whether the applicant would face harm from the criminal gang if returned to New Zealand or Samoa, thereby engaging Australia's protection obligations. This involved assessing the credibility and substance of the applicant's claims of past involvement with the gang and the likelihood of future persecution or significant harm. The court also considered whether effective protection measures were available in either country and whether the applicant could reasonably relocate within a receiving country to avoid risk.

The court found the applicant's claims of higher-level membership and responsibilities within the gang to be implausible, noting the brevity, vagueness, and inconsistency of his evidence. While accepting his short, low-level involvement, the court found no corroboration of alleged injuries. It also considered the passage of time since his departure from New Zealand and the availability of police protection. The court concluded that the applicant did not satisfy the criteria for a protection visa, affirming the decision under review.