1809383 (Refugee)

The applicant, a national of the People's Republic of China, sought review of a delegate's decision to refuse him a protection visa. The applicant claimed he would face persecution if returned to China due to his involvement in protesting against a fraudulent investment scheme and uniting defrauded victims. He alleged a fear of detention and death, as well as attacks on his home and business.

The court was required to determine whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). Specifically, the court had to consider whether the applicant had a well-founded fear of persecution for reasons of political opinion, as defined by section 5J of the Act, or whether he met the complementary protection criterion under section 36(2)(aa) due to a real risk of significant harm upon removal from Australia.

The court affirmed the delegate's decision, concluding that the applicant did not satisfy the criteria for a protection visa. While the applicant provided evidence of his identity and nationality as a PRC citizen, the court found that his claims did not establish a well-founded fear of persecution for a Convention reason. The court also determined that the applicant did not meet the complementary protection criterion, as there were no substantial grounds to believe that removal would result in a real risk of significant harm. The court noted that there was no suggestion the applicant qualified for a visa as a family member of someone who met the protection criteria.