2313574 (Refugee)

The applicant, who arrived in Australia on a temporary work visa in September 2022, sought a Protection visa. The dispute concerned whether the applicant met the criteria for a Protection visa, specifically whether Australia had protection obligations towards him. The matter was before the Refugee Review Tribunal, presided over by Senior Member Wayne Pennell.

The primary legal issues before the Tribunal were whether the applicant had established a well-founded fear of persecution for reasons outlined in the Migration Act 1958 (Cth), or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Timor-Leste, he faced a real risk of suffering significant harm. The Tribunal was also required to consider the applicant's substantial delay in lodging his Protection visa application, which was lodged almost six months after his arrival in Australia, and whether any explanation or evidence was provided for this delay.

The Tribunal reasoned that it was the applicant's responsibility to specify all particulars of his claim and provide sufficient evidence, and that the Tribunal was not obliged to make the case for him or accept his allegations uncritically. The applicant's claims were based on the financial situation in Timor-Leste making employment difficult, but he stated he had not experienced harm in Timor-Leste and did not fear harm upon return. The Tribunal noted the significant delay in lodging the application without explanation or evidence, which, in accordance with case law, can support an adverse credibility finding and a finding that the applicant does not have a well-founded fear of harm. The Tribunal concluded that the applicant had not satisfied the statutory elements for a Protection visa, as his claims did not relate to the refugee criteria and he had not demonstrated a real risk of significant harm.

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