2404931 (Refugee)

This matter concerned an application for a protection visa by a young male from Papua New Guinea. The applicant claimed he feared persecution upon return to his home country due to his tribal membership and the escalating inter-tribal violence in the Highlands region, specifically Enga Province. The applicant also asserted that he was unwilling to participate in tribal violence and feared being forced to do so, leading to his exile from his village. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for a Convention reason or faced a real risk of significant harm if returned to Papua New Guinea.

The Tribunal considered the applicant's claims in light of the criteria for a protection visa as set out in section 36 of the Migration Act 1958 (Cth) and relevant guidelines. The Tribunal accepted the applicant's evidence regarding his tribal affiliation and his village of origin, as well as his stated unwillingness to engage in tribal conflict. The Tribunal also took into account country information indicating a significant increase in inter-tribal violence in the Highlands region of Papua New Guinea since mid-2022, with a substantial number of fatalities and internally displaced persons. This country information highlighted that such violence, often exacerbated by firearms and less governed by customary law, frequently results in the destruction of property and services.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. While the Tribunal accepted the applicant's evidence and the country information regarding the heightened risk of inter-tribal violence, it did not make a final determination on the protection claims. The decision to remit indicates that further consideration of the applicant's specific circumstances in relation to the risk of persecution or significant harm was necessary.