2400246 (Refugee)

This matter concerned an application for a protection visa by a citizen of Timor-Leste. The applicant claimed that upon return to Timor-Leste, she would face threats to her life from members of a martial arts group she had been involved with. The dispute before the Tribunal was whether the applicant was owed Australia's protection under either the refugee criterion or the complementary protection criterion.

The legal issues before the Tribunal were to determine if the applicant met the definition of a refugee under section 5H of the *Migration Act 1958* (Cth), which requires a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Additionally, the Tribunal was required to consider whether the applicant met the complementary protection criterion under section 36(2)(aa) of the Act, which involves a real risk of suffering significant harm as a necessary and foreseeable consequence of removal from Australia. The Tribunal also had to consider the availability of state protection in Timor-Leste and whether the applicant's claims were credible.

The Tribunal considered the applicant's oral evidence and the information provided in her application. It found that the applicant had returned to Timor-Leste and re-entered Australia without experiencing harm, and that her parents in Timor-Leste were living peacefully. The Tribunal also noted that the applicant had been working in Australia and was receiving medical treatment. Crucially, the Tribunal found that the applicant's claims of being a leader of a martial arts group and facing threats were not substantiated by credible evidence. The Tribunal applied the principles outlined in the *Migration Act 1958* (Cth) regarding well-founded fear of persecution and significant harm, and also had regard to relevant Ministerial Directions and country information.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa. The Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm upon return to Timor-Leste, and therefore did not satisfy the criteria for a protection visa.