2316112 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant from Timor Leste seeking a protection visa. The applicant claimed he feared serious harm, including death or assault, from his creditors if he were returned to Timor Leste due to an unpaid debt. He also asserted that he would be unable to find work in Timor Leste to repay the debt and support his family.

The primary legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution or serious harm, thereby satisfying the criteria for a protection visa under section 36(2)(a) or section 36(2)(aa) of the *Migration Act 1958* (Cth). This required the Tribunal to assess the credibility of the applicant's claims regarding his debt, the threats from his creditors, and his prospects of employment and financial support in Timor Leste.

The Tribunal found significant inconsistencies and credibility concerns in the applicant's evidence. Specifically, the applicant provided conflicting accounts regarding the amount of his debt and the agreed interest rate, and he amended his oral evidence to align with statements made in his Protection Visa Application (PVA). These discrepancies, along with other unconvincing aspects of his testimony, led the Tribunal to conclude that the applicant had not demonstrated a well-founded fear of serious harm. Consequently, the Tribunal affirmed the decision under review.