1721121 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa. The applicant, a national of China, claimed to have a well-founded fear of persecution due to his family's refusal to sign a demolition and compensation agreement for their home. He alleged that local gangs, organised by a village committee, engaged in harassment, threats, and physical harm against his family, including damage to their property, assaults on his parents, and threats against him, to coerce them into signing the agreement. The review was heard by the Tribunal.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under Australian law, and if not, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to China, he faced a real risk of suffering significant harm. The Tribunal was required to consider the applicant's claims in light of the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information assessments.

The Tribunal concluded that the decision under review should be affirmed. While accepting the applicant's identity and nationality, the Tribunal found that the evidence provided in support of his claims was contradictory, inconsistent, and unreliable, leading to significant credibility concerns. Consequently, the Tribunal was not satisfied that there was a real risk that the applicant would be arbitrarily deprived of life, face the death penalty, be subjected to torture, or cruel, inhuman, or degrading treatment or punishment if returned to China. The Tribunal affirmed the delegate's decision.