2318306 (Refugee)

The Administrative Appeals Tribunal (AAT) reviewed a decision concerning a Protection visa application made by a citizen of Vanuatu. The applicant claimed to have converted from Islam to Christianity, which he asserted was illegal in Vanuatu and led to threats from his community and ostracisation. He argued that he could not practice his faith freely and that there were no authorities to assist him.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1) of the *Migration Act 1958* (Cth), or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Vanuatu, he faced a real risk of suffering significant harm under section 36(2)(aa) of the Act.

The Tribunal affirmed the decision not to grant the Protection visa. It reiterated that the onus is on the applicant to establish all statutory elements of their claim and that a decision-maker is not required to construct the applicant's case. The Tribunal noted that the applicant failed to attend the hearing and did not provide further information to support his claims. Without sufficient evidence to establish the statutory criteria, the Tribunal concluded that the applicant did not meet the requirements for a Protection visa.