2400782 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a protection visa. The applicant, a national of Timor-Leste, claimed to have left his country due to economic hardship, rising living costs, and prevalent criminal activity, stating a desire for a safer environment with better economic prospects. He also indicated a need to support his parents and siblings financially and expressed a wish to earn money to invest in a future small business in Timor-Leste.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically under the 'refugee' criterion or the 'complementary protection' criterion as defined by the *Migration Act 1958* (Cth). This involved assessing whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to Timor-Leste. The Tribunal also considered whether the applicant's claims were substantiated by credible evidence and whether Australia had protection obligations towards him.

The Tribunal found that the applicant's stated reasons for leaving Timor-Leste, such as economic conditions and crime, did not amount to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. While acknowledging the applicant's desire to earn money and support his family, the Tribunal determined that these economic motivations, coupled with the general conditions in Timor-Leste, did not establish a real risk of significant harm as contemplated by the Act. The Tribunal noted that the applicant's protection visa application form was completed by another person without his full understanding, and that his primary motivation for seeking a protection visa appeared to be to secure full-time employment in Australia to facilitate his financial goals.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, concluding that he did not satisfy the criteria for protection under the *Migration Act 1958* (Cth).