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Refugee Application Number: 2318773 (Refugee) - decision

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This is an appeal regarding an application for a protection visa by a citizen of Tonga. The Tribunal affirmed the decision not to grant the applicant a protection visa

The applicant, applied for a protection visa in Australia, citing fears related to his political opinion of the government, freedom of speech, economic hardship, and climate change/rising sea levels. During the hearing, the applicant indicated his primary motivation for seeking the visa was to work in Australia and financially support his family in Tonga. He denied ever expressing his political opinions in Tonga. The Tribunal considered country information about Tonga, which indicated that people can generally express their political views within the law and that safeguards against arbitrary arrest exist. The applicant had previously lived in Tonga, worked on a plantation owned by his father-in-law, and returned to Tonga for approximately four years before coming back to Australia. The applicant expressed concerns about economic struggles in Tonga and the potential need to resort to drug dealing, given the increasing drug trade.


The Tribunal specifically addressed the applicant's claims regarding climate change and rising sea levels. It found that the applicant did not demonstrate a well-founded fear of persecution for a Convention-related reason based on these claims. The Tribunal reasoned that: The applicant could not identify who would persecute him due to climate change. Additionally, the harm claimed was not directed at the applicant or a specific group he belongs to for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as required under the definition of a refugee in the Migration Act 1958. The court noted that the impacts of climate change affect the entire population of Tonga. Additionally, there was no evidence that the applicant had experienced targeted serious harm or significant harm in Tonga due to climate change, or that he would face such a risk upon return that would engage Australia's protection obligations.

The Tribunal concluded that the applicant did not meet the criteria for a protection visa as a refugee (s 36(2)(a)) or under the complementary protection criterion (s 36(2)(aa)). Therefore, the decision to refuse the protection visa was affirmed.

Refugee Application Number: 2318773 (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

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

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

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

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

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

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

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

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

woman and genders outside of the gender binary

Actions and measures to adapt and increase resilience of societies and the economy to climate change.

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

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

Refugee Application Number: 2318773 (Refugee) - decision

Policy instrument

Risk

Impacted group

Economic sector

Adaptation/resilience

Finance