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Refugee Application No. 2402656 (Refugee) - decision

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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.

Refugee Application No. 2402656 (Refugee)

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

People who have left their homes, whether through force, voluntarily, or a mixture of both

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

People whose sexual orientation, gender identity, or gender expression differs from the majority or societal norms

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

woman and genders outside of the gender binary

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

Refugee Application No. 2402656 (Refugee) - decision

Risk

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Adaptation/resilience

Finance