1700122 (Refugee)

This matter concerned an application for review of a protection visa decision. The applicant, a citizen of China, claimed to have a well-founded fear of persecution based on his imputed political opinion as a member of a group of small business owners protesting property expropriation, and his religious affiliation with the Local Church. The applicant also sought review on the basis of complementary protection, arguing a real risk of significant harm if removed to China.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one or more of the five prescribed reasons under s.5J of the Act. In the alternative, the Tribunal had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of the applicant's removal to China, there was a real risk of him suffering significant harm, as per s.36(2)(aa) of the Act. The Tribunal also had to assess the applicant's credibility, given adverse information and inconsistent evidence, including allegations of fraudulently altered passports and travel documents.

The Tribunal considered various documents provided by the applicant, including supporting letters, screenshots of online church gatherings, and evidence submitted to the Department in previous visa applications. It also had regard to country information assessments and departmental guidelines. The Tribunal found that the applicant's claims regarding his political opinion and religious activities lacked credibility, noting inconsistencies and the absence of evidence of actual persecution or harm to him or his associates. The Tribunal also considered the applicant's travel history and the documentation provided for a prior visitor visa application, which raised questions about the authenticity of certain documents.

Ultimately, the Tribunal affirmed the decision under review. The applicant failed to establish a well-founded fear of persecution for a Convention reason, nor did he demonstrate substantial grounds for believing he would suffer significant harm as a necessary and foreseeable consequence of removal to China.