2400638 (Refugee)

The applicant, a national of Vanuatu, sought merits review of the Department of Home Affairs' decision to refuse his application for a Subclass 866 (Protection) visa. The applicant had entered Australia on a Temporary Pacific-Australia Labour Mobility visa, which had since ceased. His protection visa application was lodged after his substantive visa expired, and he was subsequently granted a Bridging C visa. The applicant claimed he would face harm upon return to Vanuatu due to his opposition to his father and his father's supervisor, his perceived unfair treatment as a member of the Sudra caste, past harm experienced in Vanuatu, and threats from a former employer.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically the refugee criterion under section 36(2)(a) of the Migration Act 1958, and if not, whether he was entitled to complementary protection under section 36(2)(aa). This involved assessing whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether there was a real risk of significant harm upon removal to Vanuatu.

The Tribunal noted that it had invited the applicant to attend a hearing and participate in a test call to ensure the smooth conduct of the hearing via Microsoft Teams. Despite multiple attempts to contact the applicant via email and SMS, and a phone call to the provided number which revealed the applicant was no longer in contact with the person answering, the applicant did not attend the hearing or respond to the Tribunal's communications. Consequently, the Tribunal was unable to obtain further information or oral evidence from the applicant. Given the lack of sufficient information and the applicant's non-appearance, the Tribunal concluded that the applicant had not satisfied the criterion in section 36(2) of the Act.

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