1819034 (Refugee)

The applicant sought review of a decision to refuse to grant a protection visa. The applicant claimed to have fled Taiwan due to threats from an underground bank and alleged collusion between the bank and the police, fearing imprisonment and harm if returned. The delegate had refused the visa, finding that the applicant's claims did not relate to the prescribed reasons for protection and that the Taiwanese authorities would provide effective protection against any threats.

The court was required to determine whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, the applicant would suffer significant harm. This involved assessing the availability of effective protection from the Taiwanese State and whether the applicant's fear of harm from the underground bank and corrupt police officers was a real risk that could not be mitigated by relocation or state protection.

The Tribunal affirmed the delegate's decision, finding that Taiwan was the applicant's country of nationality and receiving country. In accordance with Ministerial Direction No. 84, the Tribunal considered relevant guidelines and country information. The Tribunal concluded that the applicant's claims did not establish a well-founded fear of persecution under section 5J of the Migration Act 1958. Furthermore, the Tribunal found that the applicant would receive protection from the Taiwanese police and judiciary, meaning there was not a real risk of significant harm under section 36(2B)(b) of the Act.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.