2014612 (Refugee)

This matter concerned an application for review of a decision regarding a protection visa for a citizen of China. The applicant’s claims stemmed from a land dispute and subsequent internet activities criticising the state, which he alleged led to threats from Chinese authorities. The primary issue before the Tribunal was whether the applicant met the criteria for being a refugee under section 36(2)(a) of the Migration Act 1958 (Cth), specifically whether he had a well-founded fear of persecution for reasons outlined in section 5J of the Act.

The Tribunal was required to assess the applicant's oral evidence, given the lack of documentary support or witness statements. It needed to determine the reliability of his account concerning the land dispute and his internet postings, and whether these, if accepted as truthful, established a well-founded fear of persecution based on an adverse political point of view directed at the state. The Tribunal also had to consider the probable outcomes of the threats received and the likelihood of serious harm if the applicant were returned to China, taking into account available country information.

The Tribunal found that the applicant's oral evidence, despite some forgetfulness, was credible and not deliberately untruthful. It concluded that the applicant faced a probable chance of persecution and serious harm, including a lengthy jail term, as a consequence of his internet activities and the threats received from claimed state authorities. Accordingly, the Tribunal was satisfied that Australia had protection obligations towards the applicant under section 36(2)(a) of the Act. The matter was remitted for reconsideration with a direction that the applicant satisfied the criteria under section 36(2)(a).