1833014 (Refugee)

The applicant, a national of Taiwan, sought a protection visa in Australia, claiming he would face harm from loan sharks due to his failure to repay debts incurred as a guarantor for a friend's failed business. The dispute before the Tribunal concerned whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to Taiwan, thereby engaging Australia's protection obligations.

The legal issues before the Tribunal 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, under section 36(2)(aa) as a person facing a real risk of significant harm as a necessary and foreseeable consequence of removal. This required an assessment of the applicant's claims of persecution or harm, the credibility of his evidence, and the availability of effective protection in Taiwan.

The Tribunal considered the applicant's claims of threats, harassment, and torture by creditors, as well as his assertion that police assistance was ineffective and that the creditors were widely connected. However, the Tribunal found a lack of detail in the applicant's evidence regarding the specific nature and extent of the alleged harm and the circumstances surrounding his departure from Taiwan. Crucially, the Tribunal was not satisfied that the applicant had established a well-founded fear of persecution or a real risk of significant harm, noting credibility concerns and the absence of evidence to support the claims to the required legal standard.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under either the refugee provisions or the complementary protection provisions of the *Migration Act 1958*.