2415102 (Refugee)

The applicant, who arrived in Australia on a Temporary Work (International Relations) visa, sought a Protection visa after lodging his application almost eight months after his arrival. The applicant claimed he was unwilling to work in Timor-Leste due to low wages, oppression by wealthy individuals, and exploitation by his employer, who pressured him to work extra hours without compensation. He did not attempt to relocate within Timor-Leste or seek assistance from authorities. The delegate was not satisfied that the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as required by the Migration Act 1958.

The legal issues before the Tribunal were whether the applicant met the definition of a refugee under section 5H(1) of the Migration Act 1958, and consequently, whether Australia had protection obligations towards him under section 36(2)(a) of the Act. This involved determining if the applicant had a well-founded fear of persecution for one of the prescribed reasons, and if such persecution would involve serious harm. The Tribunal also considered the applicant's delay in lodging his protection visa application.

The Tribunal reasoned that the applicant's claims related to economic hardship and workplace exploitation, which did not constitute persecution for the reasons specified in section 5J(1)(a) of the Migration Act. The Tribunal noted that the applicant had not provided any additional information or evidence to support his claims beyond what was in his initial application. Furthermore, the applicant had not demonstrated that he had taken reasonable steps to avoid persecution, such as attempting to relocate within Timor-Leste or seeking help from authorities. The Tribunal concluded that the applicant did not have a well-founded fear of persecution as defined by the Act.

The Tribunal affirmed the decision not to grant the applicant a Protection visa.