1713145 (Refugee)

The applicant, a child born out of wedlock in China, sought a protection visa. The dispute centred on the applicant's mother's claims that her daughter would be considered a "black child" without household registration (hukou), leading to denial of access to education and healthcare, and resulting in significant hardship and social discrimination. The applicant's mother also contended that her own parents, the applicant's grandparents, were unable to assist with the social compensation fee required for unregistered children, and that she and her partner faced financial difficulties and uncertainty about future employment if they returned to China.

The court was required to determine whether the applicant had a well-founded fear of persecution or a real chance of suffering significant harm if returned to China, thereby satisfying the criteria for a protection visa under section 36(2)(a) or 36(2)(aa) of the Migration Act 1958. This involved assessing the impact of China's social compensation fee policy on unregistered children, the availability of essential services, and the potential for discrimination and economic hardship.

The Tribunal considered the applicant's claims in light of the Refugee Law Guidelines and Complementary Protection Guidelines. It noted that the applicant's mother had provided a statement detailing the circumstances of the applicant's birth and the potential consequences of lacking a hukou. However, the Tribunal found that the applicant did not satisfy the criteria for a protection visa. Specifically, it concluded that the applicant did not meet the definition of a refugee under section 5H or the complementary protection criterion under section 36(2)(aa). The Tribunal also noted that there was no suggestion the applicant qualified as a member of the same family unit as a person who held a protection visa.

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