2008988 (Refugee)

The Administrative Appeals Tribunal (the Tribunal) considered the case of a Chinese national seeking a protection visa. The applicant claimed to fear persecution in China due to his membership in an underground Christian group, alleging a fear of arrest. The Tribunal accepted the applicant was a Chinese citizen and that China was the appropriate country of reference for assessing his claims. The central issue before the Tribunal was whether the applicant met the criteria for a protection visa, either as a refugee or on complementary protection grounds.

The Tribunal was required to determine if the applicant had established a well-founded fear of persecution for reasons of religion, as defined by the Migration Act 1958 (Cth) (the Act). This involved assessing the credibility of the applicant's claims and whether he had discharged the onus of providing sufficient evidence to establish his case. The Tribunal also considered whether the applicant faced a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia, which constitutes the complementary protection ground.

In its reasoning, the Tribunal emphasised that the mere assertion of fear does not establish its genuineness or that it is well-founded. It reiterated that the applicant bears the responsibility to specify and provide sufficient evidence for his claims, and the Tribunal is not obliged to make the case for him or accept allegations uncritically. The Tribunal noted concerns regarding the credibility of the applicant's claims, which were raised with him during the hearing. Ultimately, the Tribunal concluded that the applicant had not satisfied the statutory elements required for the grant of a protection visa.

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