1704038 (Refugee)

The applicant, a national of China, sought review of a decision by the Refugee Tribunal (the Tribunal) to affirm a decision not to grant him a protection visa. The applicant claimed he feared persecution upon return to China due to imputed political opinion arising from a dispute over land expropriation and inadequate compensation, which he alleged had led to threats of demolition of his property, physical assault, and detention.

The primary legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by section 36(2)(a) of the *Migration Act 1958* (Cth). The Tribunal was also required 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 that he would suffer significant harm, pursuant to section 36(2)(aa) of the Act.

The Tribunal reasoned that any alleged harassment or detention experienced by the applicant in China had ceased in 2015. It noted that the applicant remained in China for a further fifteen months without incident, his property remained undemolished, and his mother continued to reside there. Furthermore, the applicant had experienced no difficulties leaving China. The Tribunal considered country information from the Department of Foreign Affairs and Trade regarding China's comprehensive airport security monitoring, including centralised name matching and facial recognition technology, which indicated a robust system for identifying individuals. Based on this assessment, the Tribunal concluded that the applicant did not have a well-founded fear of persecution and did not satisfy the criteria for protection under either section 36(2)(a) or 36(2)(aa) of the Act.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a protection visa.