1804734 (Refugee)

This matter concerned an application for protection visas by a woman from China. The applicant claimed she feared persecution upon return to China due to her foster parents' threats of arranged marriage, sale of her Australia-born child, and potential harm if she resisted. She also raised concerns about her child's inability to obtain registration in China. The delegate of the Department had previously found key aspects of her testimony to be inconsistent and largely unfounded, based on exaggerated claims from social media.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) as a refugee, or under section 36(2)(aa) on complementary protection grounds. This required determining if she held 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 Tribunal affirmed the decision not to grant the protection visas. It found that the applicant's claims were exaggerated and inconsistent, supported by evasive and uncorroborated evidence, and that she had deliberately concealed family circumstances. The Tribunal concluded that the applicant did not satisfy the criteria for a protection visa, specifically that she did not have a well-founded fear of persecution or face a real risk of significant harm. Consequently, the Tribunal affirmed the decision under review.