1830923 (Refugee)

The applicant, a citizen of China, sought review of a decision to refuse his application for a protection visa. The applicant claimed to be a devout underground Christian who feared persecution in China due to his religious beliefs, citing the detention and torture of friends and the risk of arrest by Chinese police. He arrived in Australia in 1980 and subsequently applied for a protection visa, but failed to attend a departmental interview or provide further information to support his claims.

The primary legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for one of the prescribed reasons under section 5J(1) of the *Migration Act 1958* (Cth), or alternatively, whether there were substantial grounds for believing that his removal to China would result in a real risk of significant harm, as defined by section 36(2)(aa) of the Act. The Tribunal was required to consider the applicant's claims in light of the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information assessments.

The Tribunal affirmed the delegate's decision, finding that the applicant had not established a well-founded fear of persecution. Crucially, the applicant failed to attend the scheduled interview or provide any evidence beyond his initial statement to substantiate his claims, despite the onus being on him to establish his case. The Tribunal noted that the applicant had legally departed China on his own passport, and there was no suggestion that he satisfied the criteria for a protection visa, either as a refugee or as someone owed complementary protection.

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