2313952 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a citizen of Timor-Leste. The applicant's initial claims to the Department alleged threats of death and torture from money lenders due to an inability to repay a substantial debt, and stated that police and politicians were unwilling to assist, with no family support available. However, during the hearing before the Tribunal, the applicant recanted these claims, stating the application had been completed by a third party and that his concerns related to general financial hardship due to the economy of Timor-Leste, not specific threats from money lenders.

The primary legal issues before the Tribunal were whether the applicant faced a real chance of serious harm arising from a refugee nexus reason, and if not, whether there was a real risk of significant harm as contemplated by the complementary protection criterion under section 36(2)(aa) of the *Migration Act 1958* (Cth). The Tribunal was required to consider the applicant's claims in light of the relevant guidelines and country information, and determine if the applicant could access effective protection in Timor-Leste or if any risk of harm was faced by the population generally.

The Tribunal concluded that the applicant had not established a well-founded fear of persecution for a Convention reason, nor had he demonstrated a real risk of significant harm as a necessary and foreseeable consequence of removal to Timor-Leste. This conclusion was based on the applicant's retraction of his original claims regarding money lenders and his assertion that his concerns were limited to general economic hardship. The Tribunal found that the applicant had not provided sufficient evidence to satisfy the criteria for either refugee status or complementary protection.

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