1730371 (Refugee)

The applicant sought review of a decision not to grant him a protection visa. The applicant claimed he had been persecuted by an underground bank and a gang in Taiwan due to an inability to repay a loan. He alleged that the underground bank and gang colluded with corrupt police, and that if returned to Taiwan, he would be arrested, imprisoned, persecuted, and die.

The legal issues before the court were whether there was a real chance the applicant would suffer serious harm for a s 5J reason in Taiwan, or alternatively, whether there was a real risk he would suffer significant harm if removed from Australia to Taiwan. The court was required to consider the applicant's claims in light of the relevant provisions of the *Migration Act 1958* (Cth), including sections 36(2)(a) and 36(2)(aa), and the definitions of "refugee" and "significant harm."

The court affirmed the decision not to grant the protection visa. The applicant's claims were found to be unsubstantiated, particularly in light of his admission that he had made a "terrible mistake" by trusting the wrong person and signing a letter recklessly. The court noted that the applicant did not satisfy the criterion in s 36(2) of the *Migration Act 1958* (Cth), and there was no suggestion that he satisfied the criterion under s 36(2)(b) or (c) as a family member of a protection visa holder.