1703921 (Refugee)

The applicant, a national of Taiwan, sought a protection visa based on claims of persecution by the religious organisation Tenrikyo. The applicant alleged strict controls on personal liberty, discrimination, punishment, and confinement for attempting to leave the organisation, with family members and friends also facing repercussions. The applicant contended that the Taiwanese government offered no protection for such matters and fled to Australia seeking freedom from religious oppression.

The core legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1) of the *Migration Act 1958* (Cth), or alternatively, whether there were substantial grounds to believe that the applicant faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Taiwan, thereby engaging Australia's complementary protection obligations under section 36(2)(aa) of the Act. The Tribunal was required to consider the applicant's claims in light of relevant country information and guidelines, and to assess the credibility of the applicant's assertions.

The Tribunal affirmed the decision not to grant the protection visa. It found that the applicant had not provided sufficient evidence to establish a well-founded fear of persecution. Furthermore, the Tribunal concluded that the applicant had not demonstrated a real risk of significant harm upon return to Taiwan, nor had it been established that effective state protection was unavailable. The applicant's failure to attend a scheduled Tribunal hearing by telephone was also noted as a factor in the assessment of the claims. The Tribunal ultimately found that the applicant did not satisfy the criteria for a protection visa.