2010734 (Refugee)

The applicant sought a protection visa, claiming fear of harm from gangsters in Taiwan who were demanding "protection money." The applicant alleged that the police in Taiwan were corrupt and refused to assist him, and that the government and judiciary were non-existent. The case was heard by Luke Hardy, a member of the Tribunal.

The primary legal issues before the Tribunal were whether the applicant qualified as a refugee under section 36(2)(a) of the Migration Act 1958, or alternatively, whether he met the criteria for complementary protection under section 36(2)(aa). This required determining if the applicant had a well-founded fear of persecution for a Convention reason, or if there were substantial grounds for believing he faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Taiwan.

The Tribunal affirmed the decision not to grant the visa. The applicant's claims were found to be brief, undetailed, and unsupported. The Tribunal emphasised that the onus was on the applicant to provide sufficient evidence to establish his claims, and that the Tribunal was not obliged to make or assist in making the applicant's case. The applicant failed to provide necessary details regarding the alleged threats, the timing of events, the lack of police assistance, the nature of corruption in Taiwan, and how he was able to articulate his claims in English despite claiming limited English proficiency. Furthermore, the applicant did not satisfy the criteria for refugee status or complementary protection.