1505470 (Refugee)

The applicant, a citizen of China, sought a protection visa based on his alleged involvement with Falun Gong. The dispute before the Tribunal concerned whether the applicant had established a well-founded fear of persecution in China, or alternatively, whether Australia had complementary protection obligations towards him. The applicant had a history of previous visa applications and refusals, including a prior protection visa application affirmed by the Refugee Review Tribunal and the Federal Magistrate’s Court.

The Tribunal was required to determine if the applicant met the criteria for a protection visa under section 36(2) of the Migration Act 1958 (Cth). Specifically, the Tribunal had to assess whether the applicant was a refugee within the meaning of Article 1A(2) of the Refugees Convention, owing to a well-founded fear of persecution for reasons of religion, or if he qualified for complementary protection under section 36(2)(aa) due to a real risk of significant harm if returned to China.

The Tribunal found that the applicant's evidence regarding his encounters with the police in China was inconsistent and embellished, leading to a conclusion that he had not been truthful. The applicant's written claims about being noticed by police due to Falun Gong gatherings and bribing them to avoid detention differed significantly from his oral evidence, where he claimed to have been detained on multiple occasions and argued with the police about his religious practice. Consequently, the Tribunal was not satisfied that the applicant had established a well-founded fear of persecution. The Tribunal affirmed the decision not to grant the applicant a protection visa.