1804204 (Refugee)

The applicant sought review of a decision not to grant a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa, specifically whether they had a well-founded fear of persecution or faced a real risk of significant harm if returned to China. The matter was heard by the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were to determine if the applicant qualified as a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth) due to a well-founded fear of persecution, or alternatively, if they met the criteria for complementary protection under section 36(2)(aa) by facing a real risk of significant harm as a consequence of removal to China. The Tribunal was required to assess the applicant's claims in light of the provided evidence, including their visa application responses and a statutory declaration, and consider relevant country information and guidelines.

The Tribunal found that the applicant did not satisfy the criterion in section 36(2)(a) as they had not demonstrated a well-founded fear of persecution. Furthermore, the applicant did not satisfy the criterion in section 36(2) by being a family member of someone who held a protection visa. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.