2321276 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a national of Vanuatu. The applicant claimed to fear harm due to natural disasters in Vanuatu and expressed a desire to remain in Australia to work and support his family. The Tribunal was required to determine whether the applicant would be persecuted upon return to Vanuatu or, alternatively, if there was a real risk of significant harm if removed from Australia.

The Tribunal's reasoning focused on the applicant's oral evidence provided at the hearing. While acknowledging that the applicant's house may have been damaged by volcanic ash fall, the Tribunal found that the applicant had not personally experienced harm in Vanuatu and did not articulate a specific fear of future harm from natural disasters. The applicant's stated wish to remain in Australia was accepted as being primarily for the purpose of earning money to support his family and rebuild his home. The Tribunal concluded that the applicant did not have a well-founded fear of persecution or a real chance of suffering significant harm upon return to Vanuatu, finding that he could return to his town and find work, with the support of his family.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa. The applicant did not satisfy the criteria for a protection visa under section 36(2)(a) or 36(2)(aa) of the Migration Act 1958.