1612041 (Refugee)

This matter concerned an application for a Protection visa by a male citizen of the Republic of Korea. The applicant claimed he feared harm if returned to South Korea due to his membership in the particular social group of South Koreans over the age of fifty. He asserted that this demographic faced significant economic hardship, leading to a high rate of suicide, and that the South Korean government did not adequately address this issue. The applicant had resided in Australia since 2005 and had a family, including his spouse and daughters, living in Australia. The decision under review was affirmed by the Tribunal.

The primary legal issues before the Tribunal were whether the applicant faced a real chance of serious harm upon return to South Korea based on his race, religion, nationality, membership of a particular social group, or political opinion. Alternatively, the Tribunal considered whether there were substantial grounds to believe that, as a necessary and foreseeable consequence of his removal from Australia, the applicant would suffer significant harm, engaging the complementary protection criterion.

The Tribunal considered the applicant's claims regarding economic hardship for elderly South Koreans, noting statistics on poverty among those over 65 and the impact of early retirement. However, the Tribunal concluded that the applicant had not established a real chance of suffering serious harm or significant harm. The Tribunal took into account Ministerial Direction No. 84 and relevant guidelines and country information. The applicant's long-term unlawful residence in Australia and his role as a carer for his ill partner were noted, but these factors did not alter the assessment of his claims regarding harm in South Korea. The Tribunal affirmed the decision under review.