1824509 (Refugee)

This matter concerned an application for review of a decision not to grant a protection visa to the applicant, a national of China. The applicant claimed he feared persecution in China due to a land dispute involving his grandfather's house, which he alleged was taken from his family, and subsequent protests. The applicant arrived in Australia in May 2017 and applied for a protection visa in August 2017. The delegate refused the visa in August 2018, and the applicant sought review by the Tribunal.

The primary 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) on complementary protection grounds. This required the Tribunal to determine if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or if there was a real risk of significant harm upon removal to China. The Tribunal also had to consider the applicant's credibility and the veracity of his claims.

The Tribunal affirmed the delegate's decision, finding that the applicant was not a witness of truth and therefore did not establish a well-founded fear of persecution or a real chance of suffering significant harm in China. The Tribunal's reasoning was based on significant credibility concerns arising from the applicant's evidence and the material before it. Consequently, the Tribunal concluded that Australia did not have protection obligations towards the applicant under either the refugee or complementary protection criteria.