2403245 (Refugee)

The applicant, a citizen of Timor-Leste, sought review of a decision not to grant him a protection visa. He arrived in Australia on a temporary visa with the intention of working and supporting his siblings' university education in Timor-Leste. He claimed he applied for the protection visa to extend his stay and work legally in Australia, acknowledging he did not fear harm in Timor-Leste and had no specific reason to believe he would be harmed if returned.

The court was required to determine whether the applicant met the criteria for a protection visa under section 36(2) of the Migration Act 1958. Specifically, the court considered whether the applicant was a refugee as defined by section 5H, or if he met the complementary protection criterion under section 36(2)(aa) by facing a real risk of significant harm as a necessary and foreseeable consequence of removal to Timor-Leste.

The court found that the applicant did not satisfy the definition of a refugee, as he did not fear persecution for any of the prescribed reasons and had no grounds to believe he would suffer harm upon return to Timor-Leste. His stated reasons for seeking the visa were economic, relating to his desire to earn money to support his family and improve his parents' home. The court also determined that the applicant did not meet the complementary protection criterion, as there was no substantial ground to believe he would suffer significant harm upon removal. The applicant's desire to earn money in Australia due to the economic conditions in Timor-Leste did not, in itself, constitute a real risk of significant harm as contemplated by the Act.

Consequently, the court affirmed the decision not to grant the applicant a protection visa, as he failed to satisfy the criteria under section 36(2) of the Migration Act 1958.