2319180 (Refugee)

The applicant sought review of a decision by the Department of Home Affairs to refuse her application for a protection visa. The applicant, who arrived in Australia on a Temporary Work (International Relations) visa, claimed she had a well-founded fear of returning to Timor-Leste due to significant financial problems, including owing money to neighbours and acquaintances, which had resulted in threats and physical harm. She also asserted that Timor-Leste authorities could not protect her. The matter was heard by the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant had substantial grounds for believing that, as a foreseeable consequence of her removal to Timor-Leste, there existed a real risk of her suffering significant harm, and whether Australia owed her protection obligations under the Migration Act 1958 (Cth). Specifically, the Tribunal had to determine if her fear of persecution was well-founded and for a Convention reason, and if she was unable or unwilling to avail herself of the protection of Timor-Leste.

The Tribunal found that the applicant's claims made at the review hearing were a more accurate reflection of her position than those in her initial application. It concluded that she had not been subjected to harm in Timor-Leste and that there was no substantial risk of her experiencing serious harm if she returned. The Tribunal reasoned that the applicant's revised claims related solely to economic reasons, including having a newborn child and limited employment prospects in Timor-Leste, which did not constitute a well-founded fear of persecution for a Convention reason. The Tribunal emphasised that the onus was on the applicant to establish all statutory elements of her claim.

The Tribunal affirmed the decision to refuse the protection visa.