1800493 (Refugee)

The applicant, a Chinese national, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution or a real risk of suffering significant harm if returned to China, as required by the *Migration Act 1958* (Cth). The matter came before the Tribunal for review of a previous decision.

The Tribunal was required to determine if the applicant 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 were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to China, the applicant faced a real risk of suffering significant harm.

The Tribunal considered the applicant's claims regarding participation in a protest against land appropriation and alleged corruption. However, the applicant's evidence at the hearing indicated that his primary motivation for seeking the visa was to continue living and working in Australia and obtain a Medicare card, and that he was willing to return to China after a few years. The Tribunal found no evidence that the applicant feared persecution for any of the prescribed reasons, nor that he would suffer significant harm upon return. The Tribunal noted that the applicant did not appear to understand the nature of a protection visa application, suggesting his claims were not genuinely held.

The Tribunal affirmed the decision not to grant the applicant a protection visa, concluding that the applicant did not satisfy the criteria under section 36 of the *Migration Act 1958* (Cth).