2318303 (Refugee)

This matter concerned an application for a Protection visa by a citizen of Timor-Leste. The applicant claimed to have fled to Australia due to financial problems, alleging she was threatened and harmed by creditors and that her wife had left her as a result of her debts. She asserted that if returned to Timor-Leste, she would face revenge from these individuals and that authorities there could not protect her. The Administrative Appeals Tribunal (AAT) considered the applicant's claims in light of the refugee and complementary protection criteria under the *Migration Act 1958* (Cth).

The primary legal issues before the Tribunal were whether the applicant met the criteria for a Protection visa, specifically whether she had established a well-founded fear of persecution for a Convention reason or faced significant harm as a necessary and foreseeable consequence of removal to Timor-Leste. The Tribunal was required to assess the evidence provided by the applicant against these legal thresholds, taking into account relevant guidelines and country information.

The Tribunal noted that the applicant had been provided with an opportunity to submit further information to the Department after lodging her application, but failed to do so. While the applicant later provided some documentation to the Tribunal, including a loan statement and flight boarding passes, the Tribunal found that the information before it was insufficient to establish a well-founded fear of persecution or a real risk of significant harm. The Tribunal affirmed the delegate's decision not to grant the applicant a Protection visa.