1720509 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa. The applicant, a citizen of Hong Kong, claimed to have participated in pro-democracy and free speech movements, including the "Occupy Central with Love and Peace" campaign in 2014. The applicant alleged that following the handover of Hong Kong, the Chinese Communist Party had oppressed its people, limited freedom of speech, and that police had become instruments of oppression against democrats and political dissenters, leading to fears of arbitrary detention and persecution. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether they had a well-founded fear of persecution or faced a real risk of significant harm upon removal from Australia.

The Tribunal considered the applicant's claims in light of the relevant provisions of the *Migration Act 1958* (Cth), including sections defining a refugee and well-founded fear of persecution, as well as the complementary protection criterion. It also took into account Ministerial Direction No. 84 and guidelines from the Department of Home Affairs and the Department of Foreign Affairs and Trade. The central issue was the credibility of the applicant's claims and whether, on accepted facts, the criteria for protection were fulfilled. The Tribunal examined the applicant's migration history and personal statement detailing their alleged involvement in political activities and subsequent fear of repercussions.

Ultimately, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa. While acknowledging the applicant's stated fears and participation in protests, the Tribunal was not satisfied that the applicant was of adverse attention to authorities in Hong Kong. Consequently, it was not satisfied that the applicant faced a real chance of suffering serious or significant harm, nor that they had a well-founded fear of persecution. The Tribunal affirmed the decision not to grant the applicant a protection visa.