1703861 (Refugee)

The Administrative Appeals Tribunal considered the case of a Chinese citizen seeking a protection visa. The applicant claimed to fear persecution in China due to his adherence to Falun Gong, which he alleged the Chinese government deemed an 'evil cult'. The applicant asserted that he and his family had been subjected to harm and destruction of property by authorities seeking evidence of their religious practice, leading to his relocation to Australia.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which requires a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. The Tribunal also considered the complementary protection criterion under section 36(2)(aa), which applies if there are substantial grounds for believing that, as a necessary and foreseeable consequence of removal, the applicant faces a real risk of significant harm.

The Tribunal noted that the applicant had failed to attend an interview with a delegate and had not responded to attempts by the Tribunal to contact him. It was also observed that the protection visa application was lodged with considerable delay. The Tribunal applied Ministerial Direction No. 56, taking into account relevant policy guidelines and country information. It reiterated that the onus is on the applicant to satisfy the Tribunal of the statutory elements for a protection visa, and that allegations must be substantiated rather than accepted uncritically. The Tribunal found that the applicant had not provided sufficient evidence to establish a well-founded fear of persecution or a real risk of significant harm upon return to China.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that the applicant did not satisfy the criterion under section 36(2) of the Act.