1601459 (Refugee)

This matter concerned an application for a Protection visa by a homosexual man from China. The applicant claimed that upon return to China, he would face familial pressure to marry, societal and workplace discrimination, and potential abuse of laws leading to harassment, arbitrary detention, extortion, and blackmail, all of which he contended would cause psychological harm. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason, or whether there were substantial grounds for believing that he would suffer significant harm as a necessary and foreseeable consequence of removal to China.

The Tribunal considered the applicant's claims and found him to be a credible witness whose oral evidence was consistent with his past statements. However, the Tribunal concluded that while Chinese authorities might be aware of his application for a Protection visa in Australia, they would not be aware of the basis of that application. The Tribunal found no evidence to suggest that returning asylum seekers faced adverse treatment in China. Consequently, the Tribunal determined that the applicant did not face a real chance of serious harm, either currently or in the foreseeable future, based on his disclosure of seeking protection in Australia.

Furthermore, the Tribunal acknowledged the emotional hardship the applicant would experience due to separation from his boyfriend in Australia and his established ties to the country. However, it found these matters lacked a Convention nexus and did not involve systematic or discriminatory conduct, thus not constituting a well-founded fear of persecution. The Tribunal also determined that the hardship from separation did not amount to "significant harm" as defined by the Act. Ultimately, the Tribunal was not satisfied that the applicant met the criteria for protection under either s.36(2)(a) or s.36(2)(aa) of the Act. The Tribunal affirmed the decision not to grant the applicant a Protection visa.