2402339 (Refugee)

The Administrative Appeals Tribunal considered an appeal by a male applicant from Timor-Leste against the refusal of his protection visa application. The applicant had arrived in Australia in February 2023 and lodged his application in November 2023. The Department refused the visa on the grounds that the applicant did not have a well-founded fear of persecution and did not face a real risk of significant harm if returned to Timor-Leste. The applicant appealed this decision to the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, either under the refugee provisions (s 36(2)(a) of the *Migration Act 1958*) or the complementary protection provisions (s 36(2)(aa)). This required determining if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or if there was a real risk of significant harm upon removal to Timor-Leste.

The Tribunal noted that it had invited the applicant to attend a hearing, but the applicant responded by email consenting to a decision on the papers without further participation. The Tribunal found this consent valid under s 425(2)(b) of the *Migration Act 1958*, meaning the applicant was not entitled to appear before it. Given the applicant provided no further material and did not attend a hearing, the Tribunal concluded it could not be satisfied that the applicant met the criteria for a protection visa. The Tribunal affirmed the delegate's decision.