2317284 (Refugee)

The applicant sought review of a decision not to grant her a protection visa. The dispute concerned whether Australia had protection obligations towards the applicant, who claimed she needed to remain in Australia to repay a loan. The matter was heard by the Tribunal.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) (the "refugee criterion") or section 36(2)(aa) (the "complementary protection criterion"). This required the Tribunal to determine if the applicant had a well-founded fear of persecution or if there was a real risk of significant harm if she were removed from Australia to Timor-Leste.

The Tribunal considered the applicant's evidence that she borrowed money to fund her husband's overseas work and was obligated to repay a loan with high interest. However, the applicant stated she had not been threatened by the lender and did not know what would happen if she failed to repay. The Tribunal found that while the applicant felt a personal obligation to repay the debt, there was no evidence that the lender posed a threat of harm amounting to persecution or significant harm. The Tribunal was not satisfied that the lender would harm the applicant if she did not repay the loan, nor that she would face any harm of any sort if she returned to Timor-Leste without repaying it.

Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa under either section 36(2)(a) or 36(2)(aa) of the Migration Act 1958 (Cth). The Tribunal affirmed the decision not to grant the applicant a protection visa.