2402203 (Refugee)

The applicant, a citizen of Vanuatu, sought review of a decision by the Refugee Tribunal (the Tribunal) to affirm the refusal of a protection visa. The applicant did not attend the scheduled interview with the Tribunal, and the Tribunal proceeded to make its decision on the papers. The applicant's claim for protection was based on the risk of harm from natural disasters in Vanuatu.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the Tribunal had erred in affirming the refusal of the protection visa, specifically concerning the applicant's failure to attend the interview and the Tribunal's subsequent decision on the papers. The court was required to consider whether the Tribunal had adequately assessed the applicant's claims in the absence of oral evidence and whether the decision was affected by an error of law.

The court found that the Tribunal had not erred in its approach. It was open to the Tribunal to make a decision on the papers when the applicant failed to attend the interview without a reasonable excuse. The Tribunal had considered the information available to it, including the applicant's written submissions and country information regarding natural disasters in Vanuatu. The court affirmed that the Tribunal's assessment of the risk of harm was reasonable in the circumstances.

The application for review was dismissed.