2316525 (Refugee)

The applicant, a citizen of Timor-Leste, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant's claim for protection was based on allegations of experiencing extreme financial hardship, including significant debts and a precarious economic situation in Timor-Leste. The delegate of the Minister had found that the applicant did not have a well-founded fear of persecution.

The primary legal issue before the court was whether the applicant had established a well-founded fear of persecution for a reason within the meaning of the *Migration Act 1958* (Cth). This required the court to assess the applicant's credibility and the objective circumstances in Timor-Leste relevant to the claimed hardship.

The court affirmed the delegate's decision, finding that there were significant credibility concerns regarding the applicant's evidence. The court was not satisfied that the applicant's claimed financial hardship amounted to persecution, nor that there was a real chance of persecution for a Convention reason. The court concluded that the applicant had not discharged the onus of proving a well-founded fear of persecution.