2010483 (Refugee)

This matter concerned an application for a protection visa by a person from Taiwan. The applicant claimed to fear persecution due to his desire to leave the religious organisation Tenrikyo, alleging strict control, limited personal liberty, and potential retribution from the organisation, his family, and society if he were to leave. The applicant's claims were based on a statement provided to the Department, which lacked specific supporting evidence and was made after previous visa applications, tribunal reviews, court appeals, and return travel. The case was heard by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for reasons outlined in s 5J(1) of the Migration Act 1958, or if there was a real chance he would suffer significant harm if returned to Taiwan, as contemplated by s 36(2)(aa) of the Act. This required the Tribunal to consider the applicant's claims in light of relevant country information and guidelines, including those concerning freedom of religion and the effectiveness of law enforcement and judicial systems in Taiwan.

The Tribunal concluded that the applicant had not established a well-founded fear of persecution. The applicant's claims were vague and lacked supporting evidence. The Tribunal noted that the applicant had not indicated he would be persecuted by State Taiwanese actors, and considered that Taiwan possessed a reasonably effective law enforcement and judicial system capable of providing protection. Furthermore, the Tribunal found that the applicant had not demonstrated a real chance of suffering significant harm, and that the country information suggested effective protection measures were available. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.