1808447 (Refugee)

The applicant, a national of China, sought a protection visa, claiming a fear of harm from developers and the local government due to land expropriation. The dispute before the Administrative Appeals Tribunal (AAT) concerned whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to China.

The Tribunal was required to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, as a refugee with a well-founded fear of persecution, or under section 36(2)(aa), by facing a real risk of significant harm as a necessary and foreseeable consequence of removal to China. This involved assessing the credibility of the applicant's claims and the evidence presented regarding potential harm.

The Tribunal found that the applicant's evidence was inconsistent and that he was not involved in a dispute relating to compensation for expropriated land. Consequently, the Tribunal was not satisfied that the applicant had a well-founded fear of persecution or a real risk of significant harm upon return to China. The Tribunal concluded that Australia did not have protection obligations towards the applicant under either section 36(2)(a) or 36(2)(aa) of the Migration Act 1958.

The Tribunal affirmed the decision of the Department not to grant the applicant a protection visa.