1809001 (Refugee)

This matter concerned an application for a protection visa by two Chinese nationals. The applicants claimed they feared persecution in China due to issues related to home demolition and inadequate compensation, and also raised concerns about their safety. The Administrative Appeals Tribunal was tasked with determining whether there was a real chance the applicants would be persecuted in China on grounds of race, religion, nationality, membership of a particular social group, or political opinion, or alternatively, whether there were substantial grounds for believing they would suffer significant harm as a necessary and foreseeable consequence of removal to China.

The Tribunal considered the applicants' claims in light of Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information. A central issue was the applicants' credibility, particularly concerning inconsistencies in the applicant's account of his background and travel history. Specifically, the Tribunal noted that the applicant's assertion of being in hiding and fearing for his safety prior to departing China in June 2017 appeared to contradict his ability to travel to and from another country in the preceding months without apparent difficulty from authorities.

Ultimately, the Tribunal found that the applicants had not established a real chance of persecution or significant harm upon return to China. The decision under review was affirmed based on the assessment of the evidence presented, which did not satisfy the criteria for a protection visa under either the refugee or complementary protection provisions.