2401671 (Refugee)

This matter concerned an application for review of a decision not to grant the applicant a protection visa. The applicant, who was born in the Solomon Islands, claimed to have fled his home country due to consistent threats and harm from opposing tribes over tribal land disputes. He alleged that these threats included physical harm, verbal threats, and the use of black magic, and that the police had failed to act on his reports. The applicant also claimed that relocating within the Solomon Islands would not provide safety due to the pervasive nature of the threats and the alleged corruption of authorities.

The legal issues before the court were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, as a refugee, or under section 36(2)(aa), by facing a real risk of significant harm as a necessary and foreseeable consequence of removal to the Solomon Islands. The court was required to determine if the applicant's claims of persecution or significant harm were substantiated by sufficient evidence and particulars.

The court reasoned that the onus rested on the applicant to satisfy the Tribunal that all statutory elements for a protection visa were met. It was not the responsibility of the decision-maker to construct the applicant's case or to accept allegations uncritically. The court found that the evidence provided by the applicant was insufficiently detailed to establish a well-founded fear of persecution or a real risk of significant harm upon removal to the Solomon Islands. The court noted that the applicant had not demonstrated that he could not relocate within the Solomon Islands to an area where he would not face such risks, nor had he shown that effective protection measures were unavailable.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa, finding that the applicant had not satisfied the criteria under section 36(2) of the Migration Act 1958.