2400028 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa. The applicant, who arrived in Australia under the Pacific Australia Labour Mobility scheme, claimed a well-founded fear of persecution due to his membership in a martial arts gang in Timor-Leste and also sought complementary protection. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically by establishing a well-founded fear of persecution as a member of a particular social group, and whether Australia had protection obligations towards him under the complementary protection provisions.

The Tribunal's reasoning focused on the applicant's claims regarding his involvement with martial arts gangs in Timor-Leste and the associated risks. It noted discrepancies between the applicant's oral evidence and the information initially provided on his protection visa application form, particularly concerning his affiliation with specific gangs and the nature of past incidents. The Tribunal considered the applicant's assertion that he was a member of one gang and feared harm from a rival gang, but also his statement that he would rejoin his preferred gang upon return to Timor-Leste for protection. The Tribunal also took into account country information regarding the prevalence of violence between martial arts gangs in Timor-Leste, recent government measures to suspend their activities, and statements from political leaders indicating a zero-tolerance approach.

Ultimately, the Tribunal concluded that the decision under review should be affirmed. While acknowledging the reported violence associated with martial arts gangs in Timor-Leste, the Tribunal found that the applicant had not established a well-founded fear of persecution by reason of his membership in a particular social group. Furthermore, the Tribunal determined that the applicant did not meet the criteria for complementary protection. The Tribunal's decision was informed by Ministerial Direction No. 84 and relevant guidelines and country information.