1909223 (Refugee)

This matter concerned an application for a Protection visa by a Taiwanese national. The applicant claimed she feared harm from debt collectors in Taiwan due to her role as a guarantor for her father's business loan. Her father had defaulted on the loan and could not be located, leaving the applicant responsible for the substantial outstanding debt. The applicant had returned to Australia after debt collectors visited her home and threatened her, and she believed she could not find safety in Taiwan, even with the authorities' protection. The Administrative Appeals Tribunal (AAT) reviewed the decision to refuse the visa.

The primary legal issue before the AAT was whether the applicant met the criteria for a Protection visa, specifically considering both the refugee criterion under s 36(2)(a) and the complementary protection criterion under s 36(2)(aa) of the *Migration Act 1958* (Cth). The court was required to assess the applicant's claims of fear of harm from debt collectors and the likelihood of suffering significant harm if returned to Taiwan, taking into account the available country information and the applicant's credibility.

The Tribunal considered the applicant's evidence and found it to be inconsistent and contradictory. Notably, the applicant claimed to be working in Australia to repay the loan, yet the Tribunal found that the loan was mostly paid at the time of her application and was fully paid by the time of the decision. This finding undermined the applicant's narrative of ongoing financial pressure and fear of debt collectors. The Tribunal applied the principles of complementary protection, which require substantial grounds for believing there is a real risk of significant harm as a necessary and foreseeable consequence of removal. However, due to the credibility issues identified, the Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm.

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