2316989 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an appeal by an applicant for a protection visa against a decision to refuse the visa. The applicant's stated reasons for leaving Papua New Guinea (PNG) were economic, citing a lack of jobs and low pay, and the difficulty of supporting himself and his family. He also claimed that if returned to PNG, he would face dire circumstances that would harm his livelihood. During the AAT hearing, the applicant introduced new claims of tribal conflict, stating that a neighbouring tribe had killed his brother and would kill him if he returned.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing significant harm as a necessary and foreseeable consequence of removal to PNG. The Tribunal was required to assess the applicant's credibility, particularly in light of the new claims of tribal conflict and inconsistencies in his account regarding his education and residence in Port Moresby.

The Tribunal applied the principles outlined in Ministerial Direction No. 84, considering the 'Refugee Law Guidelines' and 'Complementary Protection Guidelines'. The Tribunal found that the applicant's initial claims related to economic hardship did not establish a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as required by section 5J of the Act. Furthermore, the Tribunal noted inconsistencies in the applicant's evidence regarding the timing of his brother's death and his own movements, which impacted his credibility. Crucially, the Tribunal found that the applicant did not satisfy the criteria under section 36(2) and also did not satisfy the criteria under section 36(2)(aa) or (b) or (c) as he was not a member of the same family unit as someone who met those criteria.

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