2320642 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a citizen of Timor Leste. The applicant arrived in Australia under the Pacific Australia Labour Mobility (PALM) scheme and subsequently sought to remain in Australia to earn income, which he stated was unavailable to him in his home country. The applicant initially claimed to fear harm from martial arts gangs in Timor Leste, a claim he only raised after the Tribunal prompted him about his application form.

The primary legal issues before the Tribunal were whether the applicant qualified as a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth) or if Australia had protection obligations towards him under the complementary protection criterion in section 36(2)(aa) of the Act. The Tribunal was required to assess the applicant's claims of fear of persecution and significant harm in light of relevant guidelines and country information.

The Tribunal found that the applicant's stated reason for seeking a protection visa was to extend his stay in Australia to earn money, as he was unemployed in Timor Leste and anticipated future unemployment. The Tribunal did not accept the applicant's claim of a well-founded fear of persecution by martial arts gangs, noting his low-level involvement with a group, his inability to identify the gangs or the reasons for the alleged attack, and his expressed willingness to return to Timor Leste after earning sufficient income. The Tribunal concluded that the fear was neither subjectively held nor objectively substantiated. Consequently, the Tribunal was not satisfied that the applicant met the refugee criterion or the complementary protection criterion, finding no substantial grounds to believe there was a real risk of significant harm upon removal to Timor Leste.

The Tribunal affirmed the decision not to grant the applicant a protection visa.