1419595 (Refugee)

This matter concerned an application for a Protection visa by an applicant who claimed to fear harm if returned to Singapore due to significant debts incurred with illegal moneylenders. The applicant alleged that these creditors were influential and used government officers to locate him, and that he had been threatened with physical harm. The applicant also acknowledged having debts with established banks, but stated he did not fear harm from them, only the legal processes available to them.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution or a real risk of significant harm upon return to Singapore, and consequently, whether Australia had protection obligations towards him under the *Migration Act 1958* (Cth). Specifically, the Tribunal had to determine if effective protection measures were available to the applicant in Singapore to mitigate any such risks.

The Tribunal considered country information regarding Singapore's legal framework and law enforcement capabilities. It noted that harassment and intimidation by loan sharks are criminalised under Singaporean law, and that the police actively enforce these provisions, making arrests and implementing public awareness campaigns. The Tribunal found that Singapore possesses an effective police force, appropriate criminal laws, and an impartial judicial system, constituting effective protection measures. Given the applicant had not reported further threats for three years since his departure and acknowledged the existence of legal avenues for his bank debts, the Tribunal concluded that he could access effective and durable protection in Singapore, thereby reducing any risk of significant harm to less than a real risk.

Consequently, the Tribunal was not satisfied that the applicant was a person in respect of whom Australia had protection obligations under the *Refugee Convention* or other relevant provisions of the *Migration Act 1958*. The Tribunal affirmed the decision not to grant the applicant a Protection visa.