2318773 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a Tongan national. The applicant sought review of a delegate's decision to refuse the visa. The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one or more of the prescribed reasons under section 5J of the Migration Act 1958, or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Tonga, the applicant faced a real risk of significant harm.

The applicant's claims for protection were based on his political opinion of the Tongan government, a desire for greater economic stability, economic hardship, freedom of speech, and concerns about climate change and rising sea levels. He also alleged experiencing psychological, mental, economic, and verbal harm and abuse from community members and government officials in Tonga, and feared being forced into dealing drugs upon return due to a worsening drug trade. The Tribunal had regard to the applicant's passport, the delegate's decision, and independent country information regarding Tonga.

The Tribunal found that the applicant's claims regarding economic hardship and climate change did not involve an element of persecution. While acknowledging the worsening drug trade in Tonga, the Tribunal was not satisfied that the applicant would be forced into dealing drugs, particularly given his prior experience in agriculture, which remains a leading productive sector in Tonga. The Tribunal concluded that the applicant had not identified a basis for suffering harm or persecution upon return, nor had he demonstrated systematic or discriminatory conduct against him. Consequently, the Tribunal was not satisfied that the applicant met the refugee criterion under section 36(2)(a) of the Act, nor the complementary protection criterion under section 36(2)(aa), as there was no real risk of significant harm as defined by the Act.

Accordingly, the Tribunal affirmed the delegate's decision to refuse the protection visa.