2313727 (Refugee)

The applicant sought review of a delegate's decision to refuse to grant a protection visa. The applicant, a New Zealand citizen who arrived in Australia as a child and has resided there for most of his life, applied for the visa based on a fear of harm from gangs in New Zealand. The delegate refused the visa, finding that New Zealand offered effective state protection and that the applicant did not meet complementary protection criteria. The matter was before the Administrative Appeals Tribunal for review.

The Tribunal was required to determine whether there was a real chance of serious harm to the applicant if he were to return to New Zealand, or a real risk of significant harm, for reasons specified in the relevant legislation. This involved considering whether effective protection measures were available to the applicant in New Zealand. The Tribunal was also required to consider Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments.

The Tribunal noted that the applicant had been invited to provide further information and attend a hearing. Despite receiving multiple notifications, including SMS reminders, the applicant requested an adjournment at the commencement of the hearing, stating he had only been informed of the hearing a few days prior. The Tribunal considered the steps taken to notify the applicant, including sending the invitation to his personal email address and requesting immediate hand delivery to the detention centre. The Tribunal ultimately found that the applicant did not satisfy the criteria for a protection visa.

The Tribunal affirmed the decision not to grant the applicant a protection visa.