2407877 (Refugee)

The applicant sought review of a decision to affirm the refusal of a protection visa. The applicant claimed to fear harm from tribal fighting and election-related violence in Papua New Guinea, alleging his tribe was blamed by a neighbouring tribe for inciting violence and causing two deaths. He also claimed to have received death threats and that educated individuals or those close to his tribe were targets for revenge killings. The Tribunal considered the applicant's migration history, including his delayed departure on a second tourist visa and his subsequent application for a protection visa shortly before its expiry, which he admitted was partly to gain work rights.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa, specifically whether he was a refugee within the meaning of the *Migration Act 1958* (Cth) due to a well-founded fear of persecution, or if he faced a real risk of significant harm if removed from Australia. The Tribunal was also required to consider the relevance of the applicant's migration history and his stated reasons for applying for the visa.

The Tribunal reasoned that the applicant did not satisfy the criteria for a protection visa. It noted that the applicant had been granted two tourist visas but had not travelled on the first, and had delayed his travel on the second, applying for protection shortly before its expiry. The applicant's stated motivation for applying for the second visa included seeking work rights and having "googled" that he could obtain refugee status in Australia. The Tribunal found that the applicant did not have a right to enter and reside in any other country and was therefore not excluded from Australia's protection obligations. However, based on the evidence and the applicant's own admissions regarding his motivations and migration history, the Tribunal concluded that he did not establish a well-founded fear of persecution or a real risk of significant harm.

The Tribunal affirmed the decision not to grant the applicant a protection visa.