1710451 (Refugee)

The applicant, a national of China, sought review of a decision by the Refugee Tribunal to affirm the refusal of his protection visa application. The dispute concerned whether the applicant met the criteria for a protection visa, either as a refugee or under complementary protection grounds.

The court was required to determine whether the applicant had established 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 5J of the *Migration Act 1958* (Cth). Additionally, the court had to consider whether, as a necessary and foreseeable consequence of removal to China, there was a real risk that the applicant would suffer significant harm, as defined by section 36(2A) of the Act, and whether any exceptions under section 36(2B) applied.

The Tribunal found that the applicant did not satisfy the refugee criterion under section 36(2)(a). While acknowledging the applicant's claims regarding past conflict with a village head and subsequent social isolation, the Tribunal noted that the applicant stated circumstances had changed, he no longer feared harm on return, and he intended to move to a city rather than immediately return to his village. Furthermore, the Tribunal was not satisfied that the applicant met the complementary protection criterion under section 36(2)(aa), finding no real risk of significant harm upon removal to China. The Tribunal affirmed the decision not to grant the applicant a protection visa.