2400378 (Refugee)

The applicant, a citizen of Vanuatu, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant claimed to fear harm from money lenders or gangsters in Vanuatu, with threats being communicated through family members. At the hearing, the applicant withdrew these claims and advanced new claims, asserting a fear of harm from a former partner who was now in Australia, and also alleging fear of witchcraft. The applicant also raised concerns about economic conditions in Vanuatu and their capacity to subsist.

The Administrative Appeals Tribunal was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, or a real chance of significant harm, such that they ought to be granted a protection visa. This involved assessing the credibility of the applicant's claims, including the alleged threats from money lenders, the fear of their former partner in Australia, and the fear of witchcraft. The Tribunal also had to consider the applicant's economic circumstances and their ability to subsist in Vanuatu.

In its reasoning, the Tribunal found that the applicant's claims regarding money lenders and gangsters were not credible, particularly given their withdrawal and the introduction of new claims. The Tribunal also found the claims concerning the former partner and witchcraft to be unsubstantiated and lacking in credibility. The Tribunal considered the applicant's work history and economic capacity, concluding that while economic conditions were challenging, they did not amount to a real chance of significant harm. The Tribunal applied the principles of assessing claims for protection visas, focusing on the objective reasonableness of the fear and the applicant's subjective experience.

The Tribunal affirmed the decision under review, meaning the applicant's application for a protection visa was refused.