2317204 (Refugee)

The Administrative Appeals Tribunal (the Tribunal) reviewed a decision by a delegate of the Minister for Home Affairs to refuse the applicant a Protection visa. The applicant claimed he left Vanuatu due to his political opinions regarding the government, economic hardship, instability, and tribal disputes, alleging he suffered psychological, mental, economic, and physical harm. He asserted he had no support and that authorities would be unable to protect him upon return.

The Tribunal was required to determine whether the applicant met the criteria for a Protection visa under section 36 of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to assess if there was a real chance or real risk that the applicant would suffer serious or significant harm if removed to Vanuatu, thereby establishing that Australia had protection obligations under section 36(2)(a) or (aa) of the Act. This involved considering whether the applicant held a well-founded fear of persecution.

The Tribunal considered the applicant's oral evidence, presented via video link with the assistance of an interpreter. The applicant had initially failed to attend a scheduled hearing due to an error in his contact details, but was subsequently provided with a new opportunity to present his case. The Tribunal's reasoning and findings on the specific grounds for protection, including political opinion and concerns about witchcraft, are detailed within the decision. The Tribunal ultimately affirmed the delegate's decision to refuse the visa.