2316948 (Refugee)

The applicant, a citizen of Timor-Leste, sought a protection visa in Australia, claiming she feared harm from a former husband due to an unpaid debt. The dispute before the Tribunal was whether Australia owed protection obligations to the applicant under section 36(2)(a) or 36(2)(aa) of the Migration Act 1958 (Cth).

The Tribunal was required to determine if the applicant had a well-founded fear of persecution or a real risk of suffering significant harm if returned to Timor-Leste, and whether Australia had protection obligations towards her. This involved assessing the credibility of her claims and the evidence presented.

The Tribunal found that the applicant's claims lacked credibility and accuracy. It noted that the applicant initially stated she did not know the reasons for her protection claim as presented in her application, attributing this to a third party who prepared the application. However, later in her evidence, she contradicted this, stating she provided the reasons but they were not accurately reflected. The Tribunal concluded that the applicant had intentionally advanced claims without regard to their truthfulness and was willing to misuse the Australian protection visa system to extend her stay. Consequently, the Tribunal determined that country information regarding moneylending and family violence in Timor-Leste was not relevant to the applicant's case.

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