1721704 (Refugee)

The applicant sought review of a decision to refuse her protection visa application. The applicant claimed she had suffered violence from her boyfriend, a gang member, and feared further harm, including from his gang members, if returned to Taiwan. She also asserted that Taiwanese police would not offer protection, deeming the matter a private domestic issue.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa, specifically whether she had a well-founded fear of persecution for a Convention reason or faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Taiwan. The Tribunal was required to consider the applicant's claims in light of the relevant provisions of the *Migration Act 1958* (Cth), including the definitions of "refugee," "well-founded fear of persecution," and "significant harm," as well as the availability of state protection and the possibility of internal relocation.

The Tribunal considered the applicant's claims and the evidence presented, noting the lack of detail and evidence in her initial application to the Department. The Tribunal also noted a significant delay in the processing of the review application and the applicant's failure to provide updated information when requested. Ultimately, the Tribunal affirmed the delegate's decision not to grant the protection visa. The applicant did not establish that she was a refugee or that she faced a real risk of significant harm upon return to Taiwan, nor did she demonstrate that she could not reasonably relocate within Taiwan or access state protection. The Tribunal also noted that the applicant had not applied on the basis of being a family member of a protection visa holder.