1716452 (Refugee)

The applicant, who claimed to be a practitioner of Falun Gong, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution in China due to their religious beliefs and practices, and whether Australia had protection obligations towards them. The matter was before the Administrative Appeals Tribunal (AAT).

The court was required to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, specifically whether they had a well-founded fear of persecution for reasons of religion. Additionally, the court considered whether the applicant might meet the complementary protection criterion under section 36(2)(aa), which requires substantial grounds for believing there is a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia.

The Tribunal found that the applicant's claims and evidence were inconsistent, particularly regarding their knowledge of Falun Gong principles and practices, and their lack of Falun Gong activity in Australia. The Tribunal also noted the delay in the applicant's application for protection. Based on these inconsistencies and the lack of a well-founded fear of persecution, the Tribunal affirmed the decision not to grant the applicant a protection visa.