2014989 (Refugee)

This matter concerned an application for a protection visa by a citizen of China. The applicant sought review of the primary decision maker's refusal to grant the visa, which was based on the applicant not meeting the criteria under s 36(2)(a) or s 36(2)(aa) of the Migration Act 1958 (Cth). The Tribunal was required to determine whether Australia had protection obligations towards the applicant.

The legal issues before the Tribunal were whether the applicant was a refugee within the meaning of s 36(2)(a) of the Act, or a person in respect of whom Australia had protection obligations under the complementary protection criterion in s 36(2)(aa) of the Act. The Tribunal also considered its responsibilities under s 5AAA of the Act, which places the onus on the applicant to specify all particulars of their claim and provide sufficient evidence.

The Tribunal reasoned that it was the applicant's responsibility to specify the particulars of their claim and provide sufficient evidence, and that the Tribunal had no obligation to assist in this regard. The applicant, who had provided genuine identity documents establishing him as a Chinese citizen, had consented to the Tribunal deciding his application on the papers without a hearing. Despite the applicant's claims of unspecified discrimination by unspecified people and control by unspecified local authorities in China, he had not provided sufficient particulars or evidence to establish a well-founded fear of persecution or a real risk of significant harm if returned to China. Consequently, the Tribunal affirmed the decision under review.