2406669 (Refugee)

The applicant, a citizen of Timor-Leste, sought review of a decision affirming the refusal of her protection visa application. The dispute centred on whether Australia owed her protection obligations under the Migration Act 1958 (Cth). The applicant had arrived in Australia on a sponsored visa and subsequently applied for a protection visa, stating her primary motivation was to work and support her children.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Act, by being a refugee with a well-founded fear of persecution, or 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 Tribunal also considered whether she was a member of the same family unit as a person who met these criteria.

The Tribunal considered the applicant's personal background, including her relationship with an ex-partner in Timor-Leste, and country information. It found that while the applicant had provided detailed evidence of past harm, this harm did not meet the threshold for a well-founded fear of persecution or a real risk of significant harm upon return to Timor-Leste. Specifically, the Tribunal noted that the ex-partner had been briefly detained and warned, and there had been no incidents since their separation, with some evidence of acceptance. Furthermore, the applicant had not demonstrated that she could not access protection in Timor-Leste or relocate within the country to avoid any risk. The Tribunal also found no basis for the applicant to be considered a member of the same family unit as someone who met the protection criteria.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that she did not satisfy the criteria under section 36(2) of the Migration Act 1958 (Cth).