1703908 (Refugee)

The case concerned a citizen of the Republic of Korea who applied for a protection visa in Australia. The applicant claimed he was forced to flee his home country due to threats and violence from a loan shark, who was allegedly connected to the mafia and had bribed police. The applicant contended that he could not seek protection from the South Korean authorities or relocate within the country due to widespread corruption and his loan shark's influence.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for a Convention reason, or alternatively, whether he would suffer significant harm if returned to South Korea under the complementary protection provisions. The Tribunal was required to consider the applicant's claims in light of relevant policy guidelines and country information, and to assess the availability of state protection and the feasibility of internal relocation.

The Tribunal found that the applicant did not satisfy the criteria for a protection visa. It determined that there was no suggestion the applicant met the refugee criterion under s.36(2)(a) of the Migration Act 1958. Furthermore, the Tribunal concluded that the applicant did not meet the complementary protection criterion under s.36(2)(aa), as it was not satisfied that there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, the applicant would suffer significant harm. The Tribunal affirmed the decision not to grant the applicant a protection visa.