2402247 (Refugee)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to refuse a Protection visa to the applicant. The applicant, who is from East Timor, claimed that she sought to come to Australia due to a lack of job opportunities in her home country, leading to poverty and malnutrition, and that her quality of life would be worse if she returned. The delegate was not satisfied that the applicant met the definition of a refugee under s 5H(1) of the *Migration Act 1958* (Cth) or that there was a real risk of significant harm under s 36(2A) of the Act upon removal to East Timor.

The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for a Protection visa, specifically whether she was a refugee as defined by s 5H(1) of the Act, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of her removal to East Timor, she would suffer significant harm under s 36(2A) of the Act. The Tribunal also needed to consider if the applicant was a member of the same family unit as a person who met these criteria.

The Tribunal affirmed the delegate's decision. The applicant's stated reasons for seeking protection related to economic opportunities and poverty, which did not establish a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as required by s 5J of the Act. The Tribunal found no evidence to suggest the applicant was a member of the same family unit as a person who held a protection visa and met the criteria. Therefore, the applicant did not satisfy the criteria for a Protection visa.