2318644 (Refugee)

This matter concerned an application for review of a decision to refuse a Protection visa. The applicant, a citizen of Timor-Leste, had arrived in Australia on a temporary visa under the Pacific Australia Labour Mobility scheme. The applicant's initial claims for protection were based on alleged threats of death and daily torture from money lenders in Timor-Leste due to an inability to repay debts, and the fear of being found by these lenders if she relocated within the country. The delegate refused the visa, and the applicant sought review by the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a Protection visa, specifically considering both the refugee criterion and the complementary protection criterion. The refugee criterion relates to a well-founded fear of persecution for a Convention reason, while the complementary protection criterion applies if there are substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, the applicant faces a real risk of suffering significant harm. The Tribunal also had to consider the applicant's revised claims made at the hearing, which focused on economic hardship and the desire to remain in Australia for better employment opportunities.

The Tribunal affirmed the delegate's decision to refuse the visa. It noted that the applicant's revised claims at the hearing shifted from fears of persecution to concerns about economic hardship and access to employment in Timor-Leste, indicating a preference to remain in Australia for better work prospects rather than a fear of harm. The Tribunal found that these revised claims did not establish a well-founded fear of persecution or a real risk of significant harm as contemplated by the relevant legislative provisions. The Tribunal applied the principles of Ministerial Direction No. 84, considering relevant guidelines and country information, and concluded that the applicant had not demonstrated that she met the criteria for a Protection visa.