2403302 (Refugee)

The applicant, a national of Vanuatu, sought review of a decision not to grant him a protection visa. The dispute centred on whether the applicant met the criteria for a protection visa under the *Migration Act 1958* (Cth), specifically concerning claims of persecution related to his Protestant faith and other alleged mistreatment. The matter was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the criteria for a protection visa, as outlined in section 36(2) of the *Migration Act 1958*. This involved assessing whether the applicant had a well-founded fear of persecution for reasons of religion, nationality, membership of a particular social group, or political opinion, as defined by section 5H and section 5J of the Act, or if he faced a real risk of significant harm under the complementary protection criterion in section 36(2)(aa). The Tribunal also considered whether the applicant was a family member of someone who met these criteria, as per sections 36(2)(b) and (c).

The Tribunal considered the applicant's claims of persecution due to his Protestant faith. However, the applicant explicitly stated during hearings that his claims regarding religious persecution were not correct and that he had other reasons for applying for the visa. He confirmed he was a Seventh Day Adventist but maintained he did not fear harm in relation to his religion upon return to Vanuatu. The Tribunal accepted the applicant's oral evidence that his written claims about his faith were inaccurate and did not reflect his actual fears or experiences. Consequently, the Tribunal found that the applicant had not faced past harm due to his religion, nor did he fear such harm on return. The Tribunal also noted there was no claim or suggestion that the applicant satisfied the criteria as a family member of a protection visa holder.

The Tribunal affirmed the decision not to grant the applicant a protection visa, concluding that he did not meet the necessary criteria under the *Migration Act 1958*.