1814130 (Refugee)

The applicant, a national of Taiwan, sought a protection visa in Australia. The dispute centred on his claims of persecution due to his Christian faith, alleging conflicts and attacks by Falun Gong practitioners in Taiwan, and his assertion that Taiwanese authorities would not protect him. The matter was before the Tribunal for review of a decision not to grant the visa.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or under section 36(2)(aa) as a person facing a real risk of significant harm if returned to Taiwan. This involved assessing the applicant's fear of persecution based on his religion, the credibility of his claims, and the availability of effective protection from the Taiwanese authorities.

The Tribunal considered the applicant's account of being mocked and physically attacked by Falun Gong practitioners, and his belief that the authorities favoured Falun Gong. However, the Tribunal found that the applicant had not established a well-founded fear of persecution for a Convention reason, nor had he demonstrated a real risk of significant harm. The Tribunal noted that the applicant had made two return trips to Taiwan after his initial departure and had not appeared before the Tribunal, raising credibility concerns. Furthermore, the Tribunal considered that the applicant had not demonstrated that he could not relocate within Taiwan to an area where he would not face harm, or that the risk he faced was not a general risk faced by the population.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the *Migration Act 1958* (Cth).