2318881 (Refugee)

The applicant sought a protection visa, claiming a well-founded fear of persecution in Timor-Leste due to his involvement with a martial arts group and conflicts with other gangs. The applicant also argued that if returned to Timor-Leste, he faced a real risk of significant harm, asserting that neither relocation nor state protection would be available to him. The case was heard by the Tribunal, presided over by Member Jessica McLeod.

The central legal issues before the Tribunal were whether the applicant qualified as a refugee under section 5J(1)(a) of the Migration Act 1958, by having a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Alternatively, the Tribunal had to consider whether the applicant met the complementary protection criterion under section 36(2)(aa), meaning there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Timor-Leste, he faced a real risk of suffering significant harm.

The Tribunal considered the applicant's evidence regarding his involvement with the martial arts group, his fear of violence from rival gangs, and his belief that neither the authorities nor relocation could protect him. However, the Tribunal found that the applicant had not established a well-founded fear of persecution for any of the five prescribed reasons. Furthermore, the Tribunal determined that the applicant had not demonstrated that he would suffer significant harm as a necessary and foreseeable consequence of his removal, nor that effective protection measures or reasonable relocation options were unavailable to him in Timor-Leste.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, as he failed to satisfy the criteria under section 36(2)(a) or section 36(2)(aa) of the Migration Act 1958.