1815512 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse a protection visa. The applicant, a citizen of Taiwan, claimed to fear harm from her father, alleging a history of physical and financial abuse, including forced labour and gambling losses leading to violence. The applicant also contended that Taiwanese police had not assisted her and that she would continue to face abuse and exploitation if returned to Taiwan. The applicant's claims were made after her student visa was refused and affirmed.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) of the *Migration Act 1958* (Cth) (the Act) concerning refugee status, or alternatively, under section 36(2)(aa) of the Act, which addresses complementary protection obligations. This required the Tribunal to assess the applicant's claims of fear of harm and the availability of state protection in Taiwan, considering the evidence provided and the applicant's responsibility to establish her claims.

The Tribunal affirmed the delegate's decision, concluding that the applicant did not satisfy the criteria for a protection visa. The Tribunal noted that it is the applicant's responsibility to provide all particulars of their claim and sufficient evidence, and that the Tribunal is not obliged to assist in establishing the claim or to accept all allegations uncritically. While the applicant's narrative regarding her father's alleged abuse was consistent, the Tribunal found that the applicant did not satisfy section 36(2) of the Act. The decision does not specify the precise reasons for this finding, but it indicates that the applicant did not meet the refugee criterion or the complementary protection criterion.