1713426 (Refugee)

This matter concerned an application for a Protection visa by a citizen of Taiwan. The applicant claimed he was forced to flee his home country due to threats of harm from gangsters to whom he owed a substantial debt, after his business partner absconded with borrowed funds. He alleged that the police provided no protection and that he would face continuous stalking, threats, and violence if returned to Taiwan. The applicant also disclosed dual citizenship with Myanmar, possessing a right to enter and reside there.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a Protection visa under section 36(2)(a) of the Act, which relates to well-founded fears of persecution, and alternatively, whether he met the complementary protection criterion under section 36(2)(aa) of the Act. This latter criterion requires the Minister to be satisfied that there are substantial grounds for believing that, as a necessary and foreseeable consequence of removal to a receiving country, the applicant faces a real risk of suffering significant harm. The Tribunal was also required to consider the applicant's claims in light of Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments.

The Tribunal found that the applicant was a citizen of Taiwan, which was his receiving country for assessment purposes. While acknowledging the applicant's claims of threats and lack of police protection, the Tribunal ultimately found issues with the vagueness and inconsistency of his evidence, leading to credibility concerns. Consequently, the Tribunal concluded that the applicant did not satisfy the refugee criterion under section 36(2)(a). Furthermore, the Tribunal did not make findings regarding Myanmar for the purposes of section 36(3) of the Act, given its findings in relation to Taiwan.

The Tribunal affirmed the decision not to grant the applicant a Protection visa, finding that he did not satisfy the criteria under section 36(2) of the Act.