1502257 (Refugee)

This matter concerned an application for a Protection visa by a Chinese national from Shandong province. The applicant sought to establish that Australia had protection obligations under the *Migration Act 1951* (Cth) and the *1951 Convention relating to the Status of Refugees* as amended by the *1967 Protocol* (the Refugees Convention). The decision reviewed was that of the Department of Immigration not to grant the applicant a Protection visa.

The Tribunal was required to determine whether the applicant met the criteria for a Protection visa, specifically whether they were a non-citizen in Australia in respect of whom the Minister was satisfied Australia had protection obligations under either the 'refugee' criterion (s.36(2)(a) of the Act) or the 'complementary protection' criterion (s.36(2)(aa) of the Act). The Tribunal also considered whether the applicant was a family member of someone who met these criteria.

The Tribunal considered the definition of a refugee under Article 1A(2) of the Refugees Convention, which requires a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. It also considered the complementary protection criterion, which requires substantial grounds for believing that removal would result in a real risk of significant harm. The Tribunal noted that Ministerial Direction No. 56 required it to take account of relevant policy guidelines and country information. In this instance, the Tribunal found no suggestion that the applicant satisfied the criteria by being a family member of a protection visa holder.

The Tribunal affirmed the decision not to grant the applicant a Protection visa, concluding that the applicant did not satisfy the criterion in s.36(2) of the Act.