1721406 (Refugee)

The applicant sought review of a decision to refuse a protection visa. The applicant, a national of China, claimed to have fled her country due to fear of persecution arising from her reporting of government corruption and inadequate compensation for property demolition. She entered Australia on a student visa in December 2015, which ceased in January 2017, and subsequently applied for a protection visa in April 2017.

The primary legal issues before the Tribunal were the applicant's credibility and whether, based on her accepted claims, she met the criteria for a protection visa under the Migration Act 1958 (Cth). This involved assessing whether she had a well-founded fear of persecution or faced a real risk of significant harm if returned to China, considering the provisions of section 36(2) and section 36(2)(aa) of the Act, as well as relevant guidelines and country information.

The Tribunal considered the applicant's account of reporting corruption related to property development and the subsequent actions of the police. However, the Tribunal concluded that the applicant's claims lacked credibility and did not establish that she met the criteria for a protection visa. Specifically, the Tribunal found that the applicant had not demonstrated a well-founded fear of persecution or a real risk of significant harm as required by the Act. The Tribunal also noted that the applicant had not satisfied the criterion under section 36(2) and there was no suggestion she satisfied the criteria as a family member of a protection visa holder.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.