2314102 (REFUGEE)

The applicant sought a protection visa, claiming he faced threats of harm from relatives and friends in the Solomon Islands due to their jealousy over his business success in Australia. He alleged that authorities in the Solomon Islands were corrupt and unable to provide protection. The case was heard by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth), which concerns a well-founded fear of persecution, or under section 36(2)(aa), which relates to complementary protection based on a real risk of significant harm upon removal from Australia. The Tribunal also considered whether the applicant could access effective protection measures in the Solomon Islands or relocate within the country to avoid harm.

The Tribunal found that the applicant's return to the Solomon Islands in July 2022 for three weeks, during which he experienced no harm and expressed no fear, undermined his claim of a well-founded fear of persecution. Furthermore, the applicant stated he wished to remain in Australia to work and support his family, rather than due to a fear of harm in his home country. The Tribunal noted independent evidence indicating that the Solomon Islands generally has functioning laws, an impartial judiciary, and a reasonably effective police force, suggesting that effective state protection was available. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.