2401709 (Refugee)

The applicant, a citizen of Vanuatu, sought review of a decision by the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse their application for a protection visa. The applicant claimed they would suffer harm due to an actual or imputed practice of black magic or witchcraft in their home country. The Administrative Appeals Tribunal, constituted by Sophia Ziebell-Barnes, was tasked with determining whether the applicant had established a real chance of suffering serious or significant harm if returned to Vanuatu.

The primary legal issue before the Tribunal was whether the applicant's fear of harm from black magic or witchcraft constituted a well-founded fear of persecution for a Convention reason, and whether there was sufficient evidence to establish a real chance of suffering serious or significant harm. The Tribunal also considered the applicant's delay in seeking protection in Australia.

The Tribunal found that while the applicant genuinely feared black magic, the evidence presented did not establish an actual or imputed practice of black magic or witchcraft that posed a real risk of serious or significant harm to the applicant in Vanuatu. The Tribunal noted the lack of specific evidence detailing the nature of the alleged practice, the individuals involved, or the specific threats directed at the applicant. Furthermore, the Tribunal considered the applicant's prolonged delay in applying for protection in Australia, which, in the absence of a compelling explanation, weighed against the credibility of their claims. Consequently, the Tribunal was not satisfied that the applicant had a real chance of suffering serious or significant harm.

The decision under review was affirmed.