2313491 (Refugee)

This matter concerned an application for a protection visa by an applicant from Tonga. The applicant asserted that a volcanic eruption and tsunami in Tonga on 15 January 2022 caused him to fear persecution. The Tribunal was required to consider whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth).

The legal issues before the Tribunal were whether the applicant was a refugee within the meaning of section 5H of the Act, or whether he faced a real risk of significant harm as contemplated by the complementary protection provisions in section 36(2)(aa) of the Act. The Tribunal also considered whether the applicant was a member of the same family unit as a person who met these criteria, as per sections 36(2)(b) and (c).

The Tribunal noted that while the applicant's country of origin, Tonga, is exposed to natural hazards, there was no evidence that these events caused the applicant to experience targeted serious harm or significant harm. The Tribunal also observed that the applicant applied for a protection visa 15 months after arriving in Australia and was unlawful for a period of six months prior to being granted a bridging visa. The Tribunal found that the applicant's claims and accompanying reports broadly referred to the natural disaster but did not detail the specific impact on the applicant's personal circumstances. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.