1718364 (Refugee)

This matter concerned an application for a protection visa by an applicant who claimed that if returned to Taiwan, she would face harm due to her homosexuality. The applicant asserted she had experienced discrimination, harassment, and physical harm, as well as a lack of family acceptance in Taiwan because of her sexual orientation. The Administrative Appeals Tribunal was required to determine whether the applicant met the refugee criterion and, if not, whether she was entitled to complementary protection.

The Tribunal considered the applicant's claims in light of the relevant legal framework for protection visas. The central issue was whether the applicant could establish a well-founded fear of persecution or harm in Taiwan. This involved assessing the nature and extent of the discrimination and harm she alleged, and crucially, whether effective state protection was available to her in Taiwan. The Tribunal also had to determine the appropriate country of reference, which was established as Taiwan, given the applicant's citizenship and familiarity with the country.

In its reasoning, the Tribunal affirmed the decision under review. While acknowledging the applicant's claims of discrimination and harm due to her homosexuality, the Tribunal concluded that she had not demonstrated a well-founded fear of persecution. A key element of this conclusion was the finding that effective state protection was available to the applicant in Taiwan. The Tribunal was satisfied that the applicant, as a citizen of Taiwan, could access the protection offered by the Taiwanese state, thereby mitigating any claimed fear of harm.