2401578 (Refugee)

This matter concerned an application for a protection visa by a national of Timor-Leste, which was refused by a delegate of the Minister for Home Affairs. The applicant sought review of this decision before the Administrative Appeals Tribunal. The applicant's initial claim for protection was based on economic hardship in Timor-Leste and the need to repay family debts, asserting that there were no suitable employment opportunities.

The primary legal issue before the Tribunal was whether there was a real chance that the applicant would suffer serious harm if returned to Timor-Leste, either due to reasons specified in section 5J(1)(a) of the Migration Act 1958 (Cth) or as a necessary and foreseeable consequence of removal. The Tribunal was required to consider the applicant's claims in light of the relevant country information and protection guidelines.

During the review hearing, the applicant significantly altered his claims. He stated that the original application was prepared by an intermediary and that the claims of financial hardship and lack of employment were incorrect. Instead, he asserted that his reason for seeking protection was a dispute with a former partner, which had led to a complaint to the police and public prosecutor, and alleged threats from her brothers. The Tribunal accepted the applicant's evidence that the claims in his initial application were not relied upon for the review. However, after considering the entirety of the evidence, including a document from the public prosecution's office provided after the hearing, the Tribunal found that the applicant had not established a real chance of suffering serious harm or significant harm upon return to Timor-Leste.

Consequently, the Tribunal affirmed the delegate's decision to refuse the protection visa.