2012508 (Refugee)

This matter concerned an application for a protection visa by an applicant from Taiwan. The applicant claimed to have fled Taiwan due to threats and harm from gangsters, alleging corruption within the Taiwanese police and judiciary, and fearing persecution due to her political activities and concerns about China's influence over Taiwan. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for a protection visa, including assessing her claims of a well-founded fear of persecution and eligibility for complementary protection.

The Tribunal considered the applicant's assertions of political engagement, including participation in the Sunflower Student Movement and protests related to Hong Kong's Anti-Extradition Law Amendment Bill Movement. It also examined her claims of being stalked and threatened in Taiwan, and her belief that the Taiwanese government was complicit with criminal elements and unable to protect its citizens from such threats, particularly in light of China's actions. The legal issues before the Tribunal included whether the applicant had established a well-founded fear of persecution based on political opinion or membership in a particular social group, and whether she would face significant harm if returned to Taiwan, thereby qualifying for complementary protection under section 36(2)(aa) of the Migration Act 1958 (Cth).

The Tribunal applied Ministerial Direction No. 84, the Refugee Law Guidelines, and Complementary Protection Guidelines, along with country information from the Department of Foreign Affairs and Trade. The Tribunal found that the applicant had not established a well-founded fear of persecution or that she was owed complementary protection. The decision affirmed the Delegate's initial assessment, indicating that the evidence presented did not satisfy the threshold for granting a protection visa.