1719590 (Refugee)

This matter concerned an appeal by a citizen of the People's Republic of China against the refusal of his protection visa application. The applicant arrived in Australia in January 2013 and lodged his protection visa application in September 2015. The delegate of the Minister refused the application on 1 August 2017. The applicant claimed he had been practicing Falun Gong in China, was arrested in September 2010, detained for one month during which he was allegedly mistreated, and released after his father bribed officials. He also claimed his house was searched. The Tribunal was required to determine whether there was a real chance the applicant would suffer serious harm if returned to China due to his religion, or alternatively, whether there were substantial grounds for believing that as a necessary and foreseeable consequence of his removal, he faced a real risk of suffering significant harm.

The Tribunal considered the applicant's claims in light of the relevant provisions of the *Migration Act 1958* (Cth), including the definitions of "refugee" and "significant harm," as well as Ministerial Direction No. 84 and associated guidelines. The Tribunal concluded that the applicant did not satisfy the criteria for the grant of a protection visa. The decision under review was affirmed. The applicant did not satisfy the criterion under s.36(2)(a) of the Act, nor did he satisfy the complementary protection criterion under s.36(2)(aa). Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.