1833803 (Refugee)

This matter concerned an application for a Protection Visa by a national of China. The applicant claimed to be a Christian who had been subjected to violence and mistreatment by police and prison guards in China due to his religious beliefs. He alleged arrest, imprisonment, and physical assault, including beatings with batons, and stated that his home had been searched and possessions destroyed. The applicant feared further arrest, harm, and imprisonment if returned to China, and claimed he could not seek help from the police as they would likely re-imprison him.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for a Convention reason, or alternatively, whether there was a real risk that he would suffer significant harm as a necessary and foreseeable consequence of being removed from Australia to China, pursuant to sections 36(2)(a) and 36(2)(aa) of the *Migration Act 1958* (Cth) respectively. The Tribunal was required to consider the applicant's claims in light of the relevant provisions of the Act, including definitions of "refugee," "well-founded fear of persecution," and "significant harm," as well as Ministerial Direction No. 84 and associated guidelines.

The Tribunal affirmed the decision not to grant the applicant a protection visa. The primary reason for this affirmation was the lack of any information provided by the applicant to the Tribunal beyond the initial application form submitted to the Department. Without further evidence or submissions to substantiate his claims, the Tribunal was unable to find that the applicant met the criteria for a protection visa, either on the basis of a well-founded fear of persecution or a real risk of significant harm. The Tribunal noted that the applicant did not satisfy the criterion in section 36(2) of the Act.