1820801 (Refugee)

The applicant sought review of a decision not to grant a protection visa. The applicant, a business owner from the Philippines, claimed to fear persecution due to her business premises being unknowingly used by a third party for drug trafficking. She alleged she was targeted by individuals associated with the drug trade, including an incident where a motorcycle nearly ran her over, and that her shop had been ransacked since she arrived in Australia. The applicant also expressed fear of corrupt and ineffective police in the Philippines and stated she would be killed if returned.

The primary legal issues before the court were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, whether she was entitled to complementary protection under section 36(2)(aa) of the Act. This involved assessing whether she had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether effective protection measures were available to her in the Philippines.

The court affirmed the decision not to grant the visa. It found that the evidence did not establish a well-founded fear of persecution by reason of connection to the drug trade, nor did it demonstrate that the police were unable to protect her from any threats connected to those matters. The court considered the applicant's claims in light of the relevant legislative provisions and guidelines, including Ministerial Direction No. 84, and concluded that the applicant had not satisfied the necessary criteria for either refugee status or complementary protection.

Consequently, the Tribunal affirmed the decision under review, meaning the applicant was not granted a protection visa.