2315534 (Refugee)

The applicant, a citizen of Samoa, sought review of a decision not to grant him a protection visa. The applicant claimed that Samoa had been severely affected by the COVID-19 pandemic, leading to widespread poverty and unemployment, and that upon return he and his family would face a significant decrease in their standard of living, potential homelessness, and harsh treatment due to their inability to support themselves. He also raised new claims regarding a family dispute that had displaced his mother and his own need to pay off land purchased for her, requiring him to remain in Australia to earn income.

The central legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for reasons of his race, religion, nationality, membership of a particular social group, or political opinion, as defined by section 36(2)(a) of the *Migration Act 1958* (Cth). The Tribunal was also required to consider the complementary protection criterion under section 36(2)(aa), which applies if there is a real risk of significant harm upon removal from Australia.

The Tribunal reasoned that the applicant's claims primarily concerned economic hardship and potential homelessness due to the general economic conditions in Samoa following the pandemic. It found that these circumstances did not amount to persecution for one of the prescribed reasons under section 36(2)(a). Furthermore, the Tribunal determined that the applicant had not established a well-founded fear of persecution, nor had he demonstrated a real risk of suffering significant harm as contemplated by the complementary protection provisions. The Tribunal noted that the applicant had not provided supporting documentation for his claims and relied solely on oral submissions.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the *Migration Act 1958* (Cth).