2402132 (Refugee)

The applicant, a citizen of Vanuatu, sought review of a decision to refuse her protection visa. She had arrived in Australia on a Temporary Work (International Relations) visa under the Pacific Australia Labour Mobility scheme. Her claims for protection were based on alleged economic hardship, a debt owed to her former employer, and a fear of harm from that employer upon her return to Vanuatu, including threats to her life. She also asserted a lack of protection from authorities and general poverty and unemployment in Vanuatu.

The legal issues before the court were whether the applicant met the criteria for a protection visa under section 36(2)(a) or 36(2)(aa) of the *Migration Act 1958* (Cth). This required determining if she had a well-founded fear of persecution for reasons outlined in section 5J(1)(a) of the Act, or if there were substantial grounds for believing she would suffer significant harm as a necessary and foreseeable consequence of removal to Vanuatu. The court also considered whether effective protection measures were available to her in Vanuatu.

The court affirmed the delegate's decision, finding that the applicant had not provided sufficient detail to satisfy the criteria for a protection visa. The applicant failed to attend a hearing before the Tribunal, and the available evidence was deemed insufficient to establish a real chance of persecution or a real risk of significant harm. Specifically, the claims of economic hardship were not found to be for reasons specified in section 5J(1)(a) or to constitute significant harm under section 36(2A). While the applicant alleged threats from her former employer, the delegate found she would be able to obtain protection from Vanuatu authorities, and the Tribunal was not satisfied that the evidence demonstrated otherwise. The court noted a lack of detail regarding her personal circumstances in Vanuatu and her employment in Australia.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, as she did not satisfy the criteria under section 36(2) of the *Migration Act 1958*.