1825521 (Refugee)

The applicant, a citizen of Taiwan, sought review of a delegate's decision to refuse her a protection visa. The applicant had arrived in Australia on a Working Holiday visa, departed and re-entered Australia multiple times, and applied for a protection visa after her Working Holiday visa expired. The delegate was not satisfied that the applicant would be persecuted for a Convention reason or that she would face a real risk of significant harm upon return to Taiwan, nor that she would be unable to receive state protection.

The court was required to determine whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth). This involved assessing whether she was a refugee, as defined by section 5H of the Act, or qualified for complementary protection under section 36(2)(aa) by facing a real risk of significant harm if returned to Taiwan. The court also needed to consider whether effective protection measures were available to the applicant in Taiwan.

The applicant claimed she had borrowed money from an underground bank due to her father's medical expenses, and when unable to repay, her home was attacked, and she and her parents were beaten. She alleged the police ignored their case and that criminal gangs colluded with the police. The court noted that the applicant had been invited to provide arguments and evidence in support of her application on multiple occasions, including a pre-hearing information form and a hearing, but she declined to attend the hearing and did not provide any further material. Consequently, the matter was decided on the papers. The court found that the applicant was a national of Taiwan and that Taiwan was the receiving country for the purposes of the legislation. Given the lack of evidence provided by the applicant to substantiate her claims of persecution or a real risk of significant harm, and her refusal to participate in the review process, the court affirmed the delegate's decision.

The court affirmed the decision not to grant the applicant a protection visa.