2402246 (Refugee)

This matter concerned an appeal by an applicant, a claimed national of Timor-Leste, against the refusal of his protection visa application. The applicant sought to establish that he was a refugee, or alternatively, that Australia had protection obligations towards him due to a real risk of significant harm upon removal. The Administrative Appeals Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason in Timor-Leste, or if, as a necessary and foreseeable consequence of his removal, he faced a real risk of suffering significant harm.

The Tribunal considered the applicant's claims that he came to Australia to improve his economic future and support his family, who were experiencing poverty and malnutrition due to a lack of job opportunities in Timor-Leste. The applicant stated he had not experienced harm in his home country but feared his life would worsen upon return due to his inability to find work and provide for his children. The delegate had refused the visa, finding no evidence of harm for a Convention reason or any indication of intentionally inflicted significant harm.

The Tribunal accepted the applicant's evidence as credible, acknowledging his nationality and identity as a citizen of Timor-Leste from Dili. It noted that while the applicant had studied and worked in Timor-Leste, the COVID-19 pandemic had impacted employment opportunities, leading him to seek work in Australia. The Tribunal also heard about the applicant's personal circumstances, including his separation from his wife and his commitment to supporting his children. However, the Tribunal found that the applicant's stated reasons for seeking protection, primarily economic hardship and the desire to improve his future and support his family, did not meet the criteria for a well-founded fear of persecution under section 5J(1)(a) of the Act, nor did they establish a real risk of significant harm under section 36(2)(aa). The Tribunal affirmed the delegate's decision.