2316506 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning a protection visa application made by an individual from Kiribati. The applicant claimed he feared serious harm or death from his former partner and her family upon return to Kiribati, alleging they were influential and he had doubts about their relationship. The Department of Home Affairs had requested further information and evidence regarding the applicant's claims, including details of his former partner, their relationship, the alleged harm, and the possibility of relocation within Kiribati.

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, which requires a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or under section 36(2)(aa), which requires substantial grounds for believing there is a real risk of suffering significant harm as a necessary and foreseeable consequence of removal. The Tribunal also considered Ministerial Direction No. 84 and the relevant Refugee Law and Complementary Protection Guidelines.

In its reasoning, the Tribunal noted that the applicant had provided insufficient detail and evidence to substantiate his claims of persecution or significant harm. Despite opportunities to provide further information, the applicant could not supply specifics regarding the alleged harm from his former partner's family, nor could he provide contact details or evidence of his relationship. The Tribunal concluded that the applicant had not demonstrated a well-founded fear of persecution or a real risk of significant harm, particularly in light of the lack of specific information about the alleged threat and the potential for relocation within Kiribati.

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