1731095 (Refugee)

The applicant, a Chinese national, sought review of the Administrative Appeals Tribunal's decision to affirm the refusal of his protection visa. The applicant's claims centred on events in 2014, including the demolition of a house he was building without compensation, a physical altercation with neighbours, and subsequent fear of harm from local government officials and neighbours, leading him to go into hiding and later work in Gansu Province. He stated he had also petitioned authorities regarding corruption related to land resumption.

The primary legal issues before the Tribunal were whether the applicant faced persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or alternatively, 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 relevant provisions of the *Migration Act 1958* (Cth), including the definitions of "refugee" and "significant harm," and relevant Ministerial Directions and guidelines.

The Tribunal found that the applicant's account of events had shifted significantly between his application and the hearing. Crucially, at the hearing, the applicant recanted key aspects of his earlier claims, including petitioning authorities, being pursued by police, and refusing to sign a demolition agreement. The Tribunal accepted the applicant's explanation that he had not verified the contents of his application and that his account at the hearing represented his actual claims. Based on this revised account, the Tribunal concluded that the applicant did not establish a well-founded fear of persecution or a real risk of significant harm.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2)(a) or 36(2)(aa) of the *Migration Act 1958* (Cth).