2402507 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse a protection visa. The applicants, citizens of Tonga, claimed they left their country due to their political opinions, economic conditions, freedom of speech concerns, and the impacts of climate change. The second applicant also stated she was not making her own protection claims. The Tribunal was required to determine whether the applicants had a well-founded fear of persecution for one of the five prescribed reasons, or alternatively, whether there were substantial grounds to believe they would suffer significant harm as a necessary and foreseeable consequence of removal to Tonga. The court also considered whether the applicants qualified under s.36(2) of the Act as members of the same family unit as a person who satisfied the protection criteria.

The Tribunal considered the applicants' claims, including additional submissions made in writing, alongside independent country information regarding Tonga. The applicants had declined to attend a hearing, consenting to a decision without one. The Tribunal noted that the applicants had not provided further information to the Department after their initial application, and the delegate had not been satisfied that the criteria for protection were met. The Tribunal affirmed the delegate's decision, finding that the applicants had not established a well-founded fear of persecution or a real risk of significant harm upon return to Tonga. The Tribunal also found that the second applicant did not satisfy the criteria as a family member.