1728378 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Immigration and Border Protection's decision to refuse the applicant, a citizen of China, a protection visa. The applicant arrived in Australia on a visitor visa and subsequently applied for a protection visa. The delegate refused the application, finding the applicant did not satisfy the criteria under section 36(2)(a), (aa), (b), or (c) of the *Migration Act 1958* (Cth). The applicant sought review of this decision by the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether Australia owed her protection obligations under the 'refugee' criterion (s 36(2)(a)) or 'complementary protection' grounds (s 36(2)(aa)). This involved assessing whether the applicant had a well-founded fear of persecution or a real risk of suffering significant harm if returned to China, considering the evidence presented regarding her claims of domestic violence and workplace harassment.

The Tribunal considered the applicant's written statement detailing an incident of workplace harassment by her manager, which she described as leading to her feeling anxious and fearful. The applicant also provided evidence of domestic violence by her husband, stating he would physically harm her regularly and that she had separated from him prior to her departure from China. However, the Tribunal noted inconsistencies in the applicant's evidence, particularly regarding her employment status in China. While her initial application stated she was employed, during the Tribunal hearing, she asserted she was a homemaker and did not work during her marriage. The Tribunal also noted that the applicant had initially applied for a visitor visa with the intention of seeking protection in Australia, rather than fleeing persecution.

Ultimately, the Tribunal affirmed the delegate's decision to refuse the protection visa. The Tribunal found that the applicant had not established a well-founded fear of persecution or a real risk of significant harm upon return to China, largely due to the inconsistencies in her evidence and her stated intention upon arrival in Australia.