Refugee Application No. 2402656 (Refugee)

This is an appeal to the Administrative Appeals Tribunal (AATA) regarding the decision to deny applicant protective visa status. The AATA affirmed the decision not to grant a protection visa to an applicant from Vanuatu. The applicant's primary argument for seeking protection was the ongoing threat posed by natural disasters in Vanuatu, which they claimed have increased in frequency and severity due to climate change, leading to widespread destruction, displacement, and a lack of effective government response because of inadequate infrastructure. The applicant expressed fear for their safety and the safety of their loved ones due to these ongoing natural disasters and the inadequacy of infrastructure to cope with them. However, the Tribunal found that while *anuatu is indeed vulnerable to climate change and prone to natural disasters, as supported by reports from the Department of Foreign Affairs and Trade (DFAT), the applicant's claimed fear of harm did not relate to any of the reasons for persecution outlined in the refugee definition under s 5J(1)(a) of the Migration Act 1958 (Cth). The Tribunal also considered the complementary protection criterion but was not satisfied that the applicant faced a real risk of significant harm (arbitrary deprivation of life, torture, or cruel and inhuman treatment) as a necessary and foreseeable consequence of being removed to Vanuatu due to the impacts of natural disasters or climate change. The Tribunal reasoned that the consequences of climate change do not involve a deliberate act or omission by a perpetrator with the intention to inflict significant harm on the applicant. Ultimately, the Tribunal concluded that the applicant did not meet the criteria for a protection visa under either the refugee or complementary protection grounds.