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Refugee Application number: 2320671 (Refugee) - decision

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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.

Refugee Application number: 2320671 (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

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

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

This sector involves activities to move goods and people, alongside the storage of products.

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 number: 2320671 (Refugee) - decision

Risk

Impacted group

Economic sector

Adaptation/resilience

Finance