1826971 (Refugee)

The Administrative Appeals Tribunal reviewed a decision by the Department of Home Affairs to refuse a protection visa to an applicant from Taiwan. The applicant claimed to be a practitioner of Falun Dafa, which he stated was forbidden in China and Taiwan, and feared persecution if returned. He alleged past arrests, assaults, and surveillance in Taiwan, and that a friend had been recently arrested and detained for practicing Falun Dafa.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he was a refugee under section 36(2)(a) of the *Migration Act 1958* due to a well-founded fear of persecution, or whether he was entitled to complementary protection under section 36(2)(aa) due to a real risk of significant harm if removed to Taiwan. The Tribunal also considered the definitions of "refugee," "well-founded fear of persecution," and "significant harm" as outlined in the Act.

The Tribunal affirmed the Department's decision, concluding that the applicant did not satisfy the criteria for a protection visa. While acknowledging the applicant's claims regarding his practice of Falun Dafa and alleged past persecution, the Tribunal found that the evidence did not establish a well-founded fear of persecution for reasons of religion, nor did it demonstrate a real risk of significant harm upon return to Taiwan. The Tribunal noted that the applicant did not satisfy the criteria under section 36(2) and therefore did not meet the requirements for a protection visa.