2406296 (Refugee)

This matter concerned an application for a protection visa by a person and their children. The applicants claimed to fear persecution in Papua New Guinea due to accusations of sorcery, which had led to tribal violence, kidnapping, and physical assault. The decision was made by Don Smyth, a Member of the Tribunal.

The primary legal issues before the Tribunal were whether the applicants met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as refugees, or alternatively, under section 36(2)(aa) as persons facing significant harm as a necessary and foreseeable consequence of removal to Papua New Guinea. This involved considering the definition of a refugee, the meaning of "well-founded fear of persecution," and the concept of "significant harm," including whether internal relocation was a viable option or if effective state protection was available.

The Tribunal considered the applicant's claims and evidence, acknowledging some inconsistencies but ultimately giving the applicant the benefit of the doubt. The Tribunal found that the available evidence did not suggest the applicants had a right to enter and reside in any third country. The Tribunal remitted the matter for reconsideration with a direction that the applicants satisfy the criteria under section 36(2)(a) of the *Migration Act*.