2317866 (Refugee)

The applicant, a national of Papua New Guinea, sought a protection visa. The dispute centred on whether the applicant would face persecution or significant harm upon return to Papua New Guinea, particularly in light of claims related to election violence and tribal conflict. The matter was before the Tribunal for review of a previous decision.

The Tribunal was required to determine if the applicant met the criteria for a protection visa, specifically whether he was a refugee within the meaning of the *Migration Act 1958* (Cth) or if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, he would suffer significant harm. This involved assessing the applicant's claims of being targeted due to his involvement in his cousin's election campaign and the subsequent tribal violence, including the death of his brother.

The Tribunal considered the applicant's evidence regarding election monitoring and tribal violence, including photographic and video material. It noted inconsistencies and a lack of detail in the applicant's account of events, particularly concerning the precise timing of altercations and the connection to his brother's death. The Tribunal applied the principles of the *Migration Act 1958* (Cth), including the definitions of "refugee" and "significant harm," and considered Ministerial Direction No. 84. It found that the applicant's claims of persecution were not substantiated to the required standard, and that the real chance of harm was localised to his village and not a risk faced generally across the country. The Tribunal also noted that the applicant had not provided evidence of being a member of a particular social group in a way that would attract protection.

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