1708705 (Refugee)

The applicant, a child born in Australia out of wedlock to parents from Fujian province, China, sought a Protection (Class XA) (Subclass 866) visa. The dispute centred on the applicant's claim that, upon return to China, she would be unable to obtain household registration (hukou) and would therefore be denied essential entitlements, leading to serious harm. Additionally, it was argued that her parents would be liable to pay significant social compensation fees for having children out of wedlock, the inability to pay which would indirectly cause the applicant serious harm. The decision was made by Deputy President Redfern PSM.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether she had a well-founded fear of persecution as a refugee, or alternatively, whether there was a real risk of significant harm as a consequence of removal to China, thereby engaging Australia's complementary protection obligations. The court also considered whether the applicant could be considered a member of a particular social group, and whether the alleged inability to obtain hukou and the potential liability for social compensation fees constituted grounds for protection under Australian migration law.

The Deputy President considered the evidence presented, including country information and submissions from the applicant's parents. The court noted that the claim regarding social compensation fees was based on hearsay evidence from a friend, and that the parents' concerns about adapting to life in China, while accepted, did not in themselves engage Australia's protection obligations. The court found that the applicant did not satisfy the criteria for a protection visa, as there was no suggestion that she met the refugee criterion under s 36(2)(a) or the complementary protection criterion under s 36(2)(aa).

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