1827462 (Refugee)

The first applicant, a male from South Korea, sought a protection visa, claiming he feared harm due to his involvement with labour movements and anti-corruption views. His wife was included as a member of the family unit. The dispute concerned whether the applicants met the criteria for a protection visa, specifically whether the first applicant held a well-founded fear of persecution or faced a real risk of significant harm if returned to South Korea. The matter was before the Tribunal for review of a previous decision.

The Tribunal was required to determine if the first applicant was a refugee within the meaning of the Migration Act 1958, considering his claims of being targeted due to his political opinions and membership in the Korean Confederation of Trade Unions. This involved assessing whether he had a well-founded fear of persecution, whether such persecution would be for a Convention reason, and if effective protection measures were available in South Korea. Additionally, the Tribunal had to consider the complementary protection criterion, assessing if there was a real risk of significant harm upon removal from Australia.

The Tribunal reasoned that while some of the applicant's fellow union participants may have been targets of surveillance approximately twenty years prior, the applicant himself had not experienced any harm in Korea. He remained in the country for several years after his alleged political activities ceased and had travelled to another country and returned without incident. Furthermore, he had no criminal charges or convictions. Given his age and the unlikelihood of him seeking employment in union-active sectors upon return, the Tribunal concluded that he did not face a real chance of serious or significant harm, either directly or indirectly. The Tribunal therefore affirmed the decision not to grant the protection visas.