1715806 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a homosexual woman from Taiwan. The applicant claimed she would face persecution in Taiwan due to her sexual orientation, citing societal conservatism, lack of legal protection for homosexuals, and past experiences of mockery and ostracism at school and in the workplace. The Tribunal was required to determine whether the applicant had a well-founded fear of persecution in Taiwan for one of the prescribed reasons, or, alternatively, whether there were substantial grounds for believing that her removal from Australia would result in a real risk of significant harm.

The Tribunal's reasoning focused on the applicant's failure to substantiate her claims and the available country information. It was noted that the onus is on the applicant to provide sufficient detail to establish the relevant facts, and that a decision-maker is not required to construct the applicant's case. Despite the applicant's assertions regarding societal attitudes and the absence of legal protections for homosexuals in Taiwan, the Tribunal considered country information which indicated the existence of legal rights and a widespread LGBTI scene, as well as an effective police and judicial system. The applicant did not appear at the hearing or provide further responses or evidence to support her claims.

Ultimately, the Tribunal concluded that the applicant had not satisfied the criteria for a protection visa. The applicant's identity was established by a passport, but her claims lacked the necessary detail and supporting evidence to demonstrate a well-founded fear of persecution or a real risk of significant harm upon return to Taiwan. The Tribunal affirmed the decision not to grant the protection visa.