Refugee Application number: 2320671 (Refugee)

This is an appeal to denial of the protection visa application by a citizen of Tonga to the Administrative Appeals Tribunal of Australia (AATA). The applicant initially claimed fears related to political opinions, freedom of speech, economic hardship, and environmental issues including climate change and rising sea levels as reasons for seeking protection. However, during the Tribunal hearing on 16 February 2024, the applicant stated that his primary reason for coming to Australia was to financially support his family and that he had no fears or concerns in going back to Tonga. Regarding climate change, while the applicant mentioned the impact of tsunamis and volcanoes, he did not fear harm from anyone in relation to such matters and had no further knowledge of the government's response to natural disasters. The Tribunal acknowledged the environmental challenges facing Tonga but found that the applicant did not demonstrate a well-founded fear of persecution for a Convention-related reason based on climate change, as the impacts affect the entire population and he did not identify a specific persecutor. Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa, as they were not satisfied that the applicant met the criteria for protection as a refugee under section 36(2)(a) or for complementary protection under section 36(2)(aa) of the Migration Act 1958. The Tribunal found that the applicant's concerns primarily related to economic struggles, which did not constitute grounds for protection under the Act.