2117392 (Refugee)

The applicant sought review of a decision not to grant him a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa under the Migration Act 1958 (Cth), specifically whether he had a well-founded fear of persecution in Brazil or qualified for complementary protection. The matter was heard by the Tribunal.

The Tribunal was required to determine if the applicant had a well-founded fear of persecution in Brazil, as defined by section 36(2)(a) of the Act, or if he met the criteria for complementary protection under section 36(2)(aa). This involved assessing the applicant's claims of being targeted by a criminal gang, the availability of state protection in Brazil, and the possibility of relocating within Brazil to avoid harm.

The Tribunal considered the applicant's claims that he had a falling out with a criminal gang in Brazil in 2013 and that members of the gang had subsequently sought to harm him, leading him to flee to Australia. The applicant also asserted that the police were corrupt and unable to offer protection, and that relocation within Brazil was not a viable option due to the gang's widespread connections. However, the Tribunal noted the applicant had resided in Australia for 16 years, having initially arrived in 2008 to study English and another subject. The Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.

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