1808355 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse the applicant a protection visa. The applicant, a citizen of China, arrived in Australia in August 2017 and applied for a protection visa in November 2017. The delegate refused the application on 26 February 2018, finding that Australia did not have protection obligations towards the applicant under section 36(2)(a) or (aa) of the *Migration Act 1958* (Cth). The applicant lodged an application for review with the Tribunal, which conducted a hearing on 18 January 2024.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically whether Australia had protection obligations towards him under section 36(2)(a) (the refugee criterion) or section 36(2)(aa) (the complementary protection criterion) of the Act. This required the Tribunal to assess whether 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 whether there was a real risk of significant harm upon removal to China.

The Tribunal considered the applicant's claims that his farm and home were appropriated by government authorities and developers, that he and his family were threatened, and that he was subsequently arrested, imprisoned for six months, and beaten by police. However, the Tribunal found inconsistencies in the applicant's claims and evidence, noting that he stated no harm occurred to his wife since departing Australia and no harm to himself after the initial confrontation. The Tribunal also had regard to country information and relevant guidelines. Ultimately, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa, either under the refugee limb or the complementary protection limb, nor as a member of a family unit of a person who would satisfy those criteria.

Consequently, the Tribunal affirmed the delegate's decision to refuse the grant of a protection visa.