1712725 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa. The applicant, a national of China, claimed he feared persecution based on his religious beliefs and his status as a family member of a former refugee visa applicant in another country. The Tribunal considered the evidence provided by the applicant, including his passport and a response to a hearing invitation, as well as the Department's file and independent country information.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution in China for one of the five prescribed reasons, and if not, whether there were substantial grounds to believe that his removal from Australia would result in a real risk of significant harm. The Tribunal also considered the complementary protection criterion, which applies if a person faces substantial grounds for believing that removal would lead to significant harm.

The Tribunal reasoned that the applicant's claims regarding his father's past violence and his father's subsequent refugee status and problematic behaviour in another country were vague and unconvincing. The applicant's assertion of attending church was also considered insufficient to establish a well-founded fear of persecution based on religious belief. Furthermore, the Tribunal found no substantial grounds to believe that the applicant would suffer significant harm upon removal to China, particularly given the lack of credible evidence supporting his claims of persecution or harm. Consequently, the Tribunal concluded that the decision under review should be affirmed.