1805551 (Refugee)

This matter concerned an application for a protection visa by a citizen of China. The applicant claimed to have left China due to persecution by the Chinese government and police, alleging mistreatment, detention, and harassment. The applicant also claimed to have made criticisms of the government and police on Weibo and to have paid a bribe for the issuance of his passport. The delegate had found some of the applicant's claims credible, including an incident of police harassment and corruption as an unregistered migrant worker in Guangdong province, but did not accept other claims regarding the frequency of harassment, political protests, or the bribery for his passport. The applicant sought review of the delegate's decision by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a protection visa under section 36(2) of the *Migration Act 1958* (Cth), which includes both the refugee criterion and the complementary protection criterion. This required the Tribunal to assess the applicant's claims of persecution and the risk of significant harm if returned to China, considering the evidence presented and relevant country information. The Tribunal was also required to consider the applicant's nationality and whether China was his receiving country for the purposes of assessing his protection claims.

The Tribunal affirmed the delegate's decision, finding that while the applicant was a citizen of China, his claims did not establish a real risk of significant harm upon return. The Tribunal was satisfied of the applicant's identity and nationality. However, it found the applicant's account of the frequency of police harassment and his alleged political activities on Weibo to be unpersuasive. The Tribunal also did not accept the claim that a bribe was paid for the passport's issuance. Applying the principles of complementary protection, the Tribunal concluded that the applicant could relocate to other provinces within China, as indicated by country information and his experience as a migrant worker, and therefore did not face a real risk of significant harm.