1612066 (Refugee)

The applicant, who arrived in Australia on a visitor visa, sought a protection visa based on claims of fear of harm from her ex-husband in China. The dispute centred on the applicant's credibility and whether her accepted claims met the criteria for protection. The decision was made by the Tribunal.

The legal issues before the Tribunal were whether the applicant met the refugee criterion under section 36(2)(a) of the Migration Act 1958, and alternatively, whether she met the complementary protection criterion under section 36(2)(aa). This involved assessing the applicant's credibility and determining if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to China, she would suffer significant harm.

The Tribunal considered the applicant's written statement detailing alleged domestic violence and harassment by her ex-husband, including incidents of physical abuse, confinement, and threats. It also took into account relevant country information from the Department of Foreign Affairs and Trade. However, the Tribunal concluded that the applicant's claims lacked credibility, leading to the affirmation of the decision not to grant a protection visa. The Tribunal found that the applicant did not satisfy the refugee criterion under s.36(2) and, by extension, did not meet the complementary protection criterion.