2403740 (Refugee)

This matter concerned an application for a protection visa made by the applicant on 16 October 2023, which was refused by a delegate of the Minister for Home Affairs on 6 February 2024. The applicant sought review of this decision. The applicant's protection visa application claimed he feared harm and death from supporters of an opposition political candidate in the Solomon Islands, alleging he had been attacked, tortured, and threatened due to his role as a campaign manager for a winning candidate and for reporting corruption.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively under section 36(2)(aa) as a person facing a real risk of significant harm if removed from Australia. The court was required to consider the applicant's claims of persecution based on political opinion and the availability of protection within the Solomon Islands.

During the hearing, the applicant provided evidence that the claims made in his protection visa application were fabricated by another person and did not reflect his true circumstances. He confirmed he had not been involved in politics, had not reported anyone for corruption, and had not been assaulted, harmed, tortured, or attacked as alleged. Consequently, the court found that the events described in the application did not occur and that the applicant had not been involved in any political activity or suffered any harm. The court accepted the applicant's evidence that the claims were untrue and that he did not have a well-founded fear of persecution.

As the applicant did not satisfy the criteria under section 36(2)(a) or section 36(2)(aa) of the *Migration Act 1958*, and there was no suggestion he met the criteria as a family member of a protection visa holder, the court affirmed the decision to refuse the protection visa.