1828803 (Refugee)

The applicant, a woman from Taiwan, sought review of a delegate's decision to refuse her protection visa. She claimed to have fled Taiwan due to harm inflicted by her former husband, alleging that Taiwanese police failed to provide protection and that she feared his return. The delegate had refused the visa, concluding that Taiwan possessed a reasonably effective police and justice system capable of protecting its nationals from such harm.

The primary legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for a Convention reason, specifically membership of a particular social group, and whether effective protection measures were available to her in Taiwan. This required the Tribunal to consider the applicant's claims of past harm and future fear in light of the country information regarding Taiwan's legal and police infrastructure and its capacity to protect victims of domestic violence.

The Tribunal considered the applicant's claims of past physical and psychological harm by her former husband and her fear of future harm. It also examined the country information, which indicated that Taiwan has legislation and state-mandated shelters for victims of domestic violence, and a reasonably effective police and justice system. The Tribunal was satisfied that Taiwan's authorities could provide protection to the applicant, meaning there was not a real risk of significant harm. Consequently, the Tribunal affirmed the delegate's decision to refuse the protection visa.