1614206 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a Protection visa. The applicant claimed to be the executrix of her deceased former partner's estate, which she alleged was owed over US$4,000,000 by the Zimbabwean government and a related company. She asserted that she had received death threats and experienced harassment in Zimbabwe due to her role in pursuing these unpaid wages, which implicated high-ranking government officials.

The primary legal issues before the Tribunal were whether the applicant met the definition of a refugee under section 36(2)(a) of the Migration Act 1958 (Cth) and, alternatively, whether she qualified for complementary protection under section 36(2)(aa) of the Act. This involved assessing the credibility of her claims regarding threats, the existence and recoverability of the alleged debt, and the risk of significant harm upon return to Zimbabwe.

The Tribunal found the applicant to be an unreliable witness, concluding that many of her claims, including the substantial unpaid wages and the threats she allegedly received, were fabricated to enhance her prospects of obtaining asylum. The Tribunal noted significant inconsistencies in her evidence regarding the timing and nature of the alleged harassment, the implausibility of the large debt amount given the circumstances of her former partner's work, and her failure to take concrete steps to administer the estate or recover the alleged debt. Furthermore, her conduct, such as travelling internationally and delaying her Protection visa application, was deemed inconsistent with a genuine fear for her life. Consequently, the Tribunal was not satisfied that the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to Zimbabwe.

The Tribunal affirmed the decision not to grant the applicant a Protection visa, finding that she did not satisfy the criteria under either the refugee or complementary protection provisions of the Migration Act 1958 (Cth).