2313583 (Refugee)

The applicant, a national of Timor-Leste, sought review of a decision to refuse him a protection visa. The applicant claimed he had accumulated significant debts in Timor-Leste, leading to threats from creditors, and that he feared for his safety if returned. He also stated that the economic conditions in Timor-Leste were dire, making it impossible to support his family. The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons outlined in section 5J(1)(a) of the *Migration Act 1958* (Cth), or if there were substantial grounds for believing that he would suffer significant harm as a necessary and foreseeable consequence of removal from Australia.

The Tribunal considered the applicant's claims regarding debt and threats, but found that the protection visa application form, which detailed these claims, did not accurately reflect the applicant's true situation. The applicant testified that he had paid another person to complete the form over the telephone and was unaware of its contents, which the Tribunal accepted. Consequently, the Tribunal drew no adverse inferences regarding the applicant's credibility based on the inaccurate claims in the application. The Tribunal did, however, accept the applicant's evidence regarding the dire economic situation in Timor-Leste and his inability to earn sufficient income to support his family, finding this consistent with general country information. Despite accepting the economic hardship, the Tribunal found that the applicant did not fear harm in Timor-Leste for any of the prescribed reasons for persecution.

Ultimately, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa. The applicant failed to establish a well-founded fear of persecution for any of the reasons specified in the *Migration Act 1958*. The Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.