1507840 (REFUGEE)

The applicant, a practitioner of Falun Gong from China, sought review of a decision not to grant them a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa under Australian migration law, specifically the grounds for refugee status or complementary protection. The Administrative Appeals Tribunal (A-AT) considered the applicant's claims and evidence presented on 11 November 2016.

The primary legal issue before the Tribunal was whether the applicant was a person in respect of whom Australia owed protection obligations under the *Migration Act 1958* (Cth) and the *1951 Convention relating to the Status of Refugees* (as amended by the *1967 Protocol*). This involved determining if the applicant had a well-founded fear of persecution for reasons of religion, or if there were substantial grounds for believing that their removal from Australia would result in a real risk of significant harm, thereby engaging complementary protection. The Tribunal was also required to consider relevant policy guidelines and country information.

The Tribunal's reasoning focused on the criteria outlined in section 36(2) of the *Migration Act 1958* (Cth). It was noted that the applicant did not claim to satisfy the criteria as a family member of a protection visa holder. The Tribunal concluded that the applicant did not satisfy the requirements for a protection visa under section 36(2) of the Act.

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