1713490 (Refugee)

This matter concerned an application for a protection visa by a national of China. The applicant claimed he would face persecution or significant harm if returned to China due to his Christian beliefs, fearing detention or forced renunciation of his faith by state agents. The applicant had a lengthy visa history in Australia, having been present since 2007, and lodged his protection visa application in May 2015, following the claimed detention of his mother in April 2015. The court was the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under s.5J of the *Migration Act 1958* (Cth), or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to China, he would suffer significant harm, thereby meeting the criteria for complementary protection under s.36(2)(aa) of the Act.

The Tribunal considered the applicant's claims in light of the available country information and the relevant legislative provisions. It accepted the applicant's identity and nationality, and noted he had no right to enter or reside in a third country. The Tribunal found that the applicant did not satisfy the criteria for a protection visa. Specifically, it concluded that the applicant did not demonstrate a well-founded fear of persecution. Furthermore, the Tribunal determined that the applicant did not satisfy the criteria for complementary protection, finding no substantial grounds to believe he would suffer significant harm upon return to China. The Tribunal affirmed the decision not to grant the applicant a protection visa.