1705564 (Refugee)

The applicant sought a Protection visa, claiming a well-founded fear of persecution in China due to his involvement with Falun Gong. The dispute concerned whether the applicant met the criteria for a Protection visa under the Migration Act 1958 (Cth). The decision was made by the Administrative Appeals Tribunal.

The Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of religion or imputed political opinion, and if Australia had protection obligations towards him. This involved assessing the credibility of his claims regarding his past practice of Falun Gong in China, the surveillance and persecution of his family members, and his subsequent activities in Australia, including participation in demonstrations and press conferences. The Tribunal also needed to consider the provisions relating to complementary protection if the refugee criterion was not met.

The Tribunal considered the applicant's claims in light of the 'Refugee Law Guidelines' and 'Complementary Protection Guidelines', as well as country information. It found aspects of the applicant's claims and evidence to be implausible, inconsistent, and unconvincing. However, the Tribunal concluded that the applicant's activities in Australia, particularly his participation in demonstrations and events, had solidified a genuine belief and commitment to Falun Gong, which would place him at risk if returned to China.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the refugee criterion under s.36(2)(a) of the Migration Act. The Tribunal did not consider the complementary protection criterion, as it found the applicant met the primary refugee criterion.