1925250 (Refugee)

The applicant sought review of a decision not to grant him a protection visa. He claimed to have left Taiwan to avoid persecution from the Taiwanese government, specifically fearing arrest by police due to his attendance at a 2015 demonstration against the government. He alleged he was detained for two days and subsequently warned by police on multiple occasions not to attend further protests.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether he was a refugee within the meaning of the *Migration Act 1958* (Cth) or, alternatively, whether he faced a real risk of suffering significant harm as a necessary and foreseeable consequence of removal from Australia to Taiwan, thereby engaging Australia's complementary protection obligations.

The court considered the applicant's evidence regarding his attendance at a protest, his detention, and subsequent warnings from Taiwanese police. It also had regard to the Ministerial Direction No. 84, the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information assessments. The court found that the applicant did not satisfy the criteria for a protection visa, as there was no suggestion he met the refugee criterion under s 36(2)(a) or the complementary protection criterion under s 36(2)(aa). Consequently, he also did not satisfy the criteria under s 36(2)(b) or (c) as a family member.

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