1903566 (Refugee)

This matter concerned an application for a protection visa by a citizen of Taiwan. The applicant claimed to have fled Taiwan due to threats and violence from an underground bank and associated gangs, who she alleged were colluding with corrupt police and government officials. She stated that she had borrowed money to cover her father's medical expenses, and when unable to repay, her family was threatened and beaten. She further alleged that after attempting to seek public attention, the gang informed the police, leading to a police pursuit. The applicant claimed that if returned to Taiwan, she would be imprisoned and persecuted by the police and officials.

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 under section 36(2)(aa) as a person facing a real risk of significant harm as a necessary and foreseeable consequence of removal. The Tribunal was required to consider the applicant's claims in light of the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information assessments provided by the Department of Home Affairs and the Department of Foreign Affairs and Trade.

The Tribunal found that the applicant had not experienced harm in Taiwan and had voluntarily returned on two occasions without suffering harm. It also noted that the applicant believed she could relocate within Taiwan to an area where she would not be harmed, despite her general assertion that the entire country was unsafe due to corruption. The Tribunal considered the applicant's claims of threats and violence from the underground bank and gangs, but concluded that these did not establish a well-founded fear of persecution for a Convention reason, nor did they demonstrate a real risk of significant harm. The Tribunal also considered the country information regarding law enforcement and health services in Taiwan.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that she did not satisfy the criteria under section 36(2) of the Migration Act 1958 (Cth).