1809249 (Refugee)

The applicant, a national of the People's Republic of China, sought a protection visa in Australia. The applicant claimed to have been assaulted and threatened in China after investigating corruption related to land expropriation and compensation. The applicant alleged that local officials, including a village committee secretary and a town secretary, were involved in the corruption and subsequent mistreatment. The applicant's claims were made in a protection visa application lodged in August 2017, following his arrival in Australia in June 2017. The decision under review was made by the Tribunal.

The core legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2) of the Migration Act 1958 (Cth). Specifically, the Tribunal was required to determine if the applicant qualified as a refugee under section 36(2)(a) due to a well-founded fear of persecution, or if he met the complementary protection criterion under section 36(2)(aa) by facing a real risk of significant harm as a necessary and foreseeable consequence of removal to China. The Tribunal also considered the definitions of "refugee," "well-founded fear of persecution," and "significant harm" as provided in the Act and relevant guidelines.

The Tribunal affirmed the delegate's decision not to grant the protection visa. The applicant's identity and nationality were accepted, and he was not excluded under subsection 36(3) of the Act. However, the applicant failed to attend the Tribunal hearing, preventing the Tribunal from exploring his claims directly. The Tribunal noted that the mere assertion of a fear of persecution or risk of harm does not establish its genuineness or well-foundedness. Without further evidence or the opportunity to question the applicant, the Tribunal was unable to be satisfied that the statutory elements for either the refugee criterion or the complementary protection criterion were met.

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