1827948 (Refugee)

The applicant, a national of Taiwan, sought a protection visa in Australia, claiming a well-founded fear of persecution due to threats and assaults from loan sharks. The applicant alleged that his parents had borrowed money which they were unable to repay after an investment failed, leading to harassment, assaults, and death threats against his family. The applicant further claimed that the police in Taiwan were unhelpful and advised the family to resolve the matter privately. The decision under review was made by the Tribunal.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1) of the Migration Act 1958 (Cth), or alternatively, whether there were substantial grounds for believing that the applicant would suffer significant harm as a necessary and foreseeable consequence of being removed to Taiwan. The Tribunal was also required to consider whether effective state protection was available to the applicant in Taiwan.

The Tribunal considered the applicant's claims and the documentary evidence, including the protection visa application forms and departmental records. It noted that the applicant was a Taiwanese national and not excluded from Australia's protection obligations. However, the Tribunal found the applicant's claims to be vague and unconvincing, particularly in the absence of police reports or supporting documentary material. The Tribunal also took into account the applicant's previous travel history and his statement that he was no longer in contact with his parents. Applying the principles of Ministerial Direction No. 84 and relevant guidelines, the Tribunal concluded that effective state protection was available in Taiwan, meaning there was not a real risk of significant harm to the applicant.

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