1732752 (Refugee)

The applicant sought a protection visa, claiming to fear persecution in China due to land resumption without compensation, resulting in the demolition of her home, physical assault, and subsequent detentions after attempting to petition local authorities. The dispute concerned whether the applicant met the criteria for a protection visa under Australian migration law. The decision was made by the Tribunal.

The court was required to determine if the applicant qualified as a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth) or if she met the complementary protection criterion under section 36(2)(aa). This involved assessing whether she had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or if there was a real risk of significant harm upon removal from Australia. The court also considered the definitions of "significant harm," "torture," and "cruel or inhuman treatment or punishment" as outlined in the Act.

The Tribunal considered the applicant's claims regarding the forceful demolition of her home, the physical assault on her father, and her subsequent detentions and threats from authorities after attempting to seek redress. The Tribunal noted that the applicant did not suggest she was a family member of someone who met the criteria for a protection visa. Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that she did not satisfy the criterion under section 36(2).