1719766 (Refugee)

The applicant, a citizen of China, sought a protection visa. The dispute concerned whether the applicant met the criteria for protection under Australian law, specifically whether she had a well-founded fear of persecution or faced a real risk of significant harm if returned to China. The matter was before the Tribunal, which affirmed the delegate's decision not to grant the visa.

The legal issues before the Tribunal were whether the applicant satisfied the refugee criterion under section 36(2)(a) of the *Migration Act 1958* (Cth) or the complementary protection criterion under section 36(2)(aa). This involved assessing whether the applicant had a well-founded fear of persecution for reasons of religion or membership of a particular social group, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal, she would suffer significant harm. The Tribunal was required to consider relevant country information and policy guidelines.

The Tribunal reasoned that the applicant did not satisfy the refugee criterion. While the applicant claimed to be a Christian and expressed a fear of being unable to practice her faith freely in China, the Tribunal found no suggestion that she met the criteria for being a member of the same family unit as a person who satisfied section 36(2)(a) or (aa). Consequently, the applicant did not satisfy the criterion in section 36(2). The Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.