1710454 (Refugee)

The applicant, a woman from China, sought a protection visa in Australia. Her claim was based on suffering domestic violence from her husband and a lack of protection from the Chinese government. She alleged that her husband's violence escalated after he began an affair and refused her request for a divorce, which he opposed to avoid dividing his business assets. The applicant stated that local police only attempted conciliation, which was ineffective. She left China in early 2015 and subsequently applied for a protection visa in Australia.

The legal issues before the court were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing a real risk of significant harm if returned to China, thereby engaging Australia's protection obligations. Specifically, the court had to consider if the applicant's fear of persecution was for a Convention reason, if she was a member of a particular social group, and if effective protection was available in China.

The court considered the applicant's claims in light of the *Migration Act 1958* (Cth) and relevant guidelines. It noted that to be a refugee, a person must have a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and that effective protection measures must not be available in the receiving country. The court found no suggestion that the applicant satisfied the criteria for a protection visa, particularly in relation to being a member of the same family unit as a person who held a protection visa.

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