2015308 (Refugee)

This matter concerned an application for review of a decision by the delegate of the Minister to refuse a protection visa. The applicant, a national of China, claimed to have faced persecution, including physical assault and detention, by Chinese authorities due to his family's opposition to land resumption and demolition of their factory without adequate compensation. The applicant alleged corruption and threats against his family, leading to his departure for Australia.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under the complementary protection criterion in section 36(2)(aa) of the Act. This required the Tribunal to determine if there were substantial grounds for believing that the applicant faced a real risk of significant harm as a necessary and foreseeable consequence of being removed from Australia to China, or if he had a well-founded fear of persecution for a Convention reason.

The Tribunal considered the applicant's claims and the evidence provided, noting that the onus was on the applicant to establish all statutory elements of his claim. The applicant declined an invitation to attend a hearing and consented to a decision being made on the papers, without providing further evidence. The Tribunal found that the applicant had not satisfied it that he had a well-founded fear of persecution or that he faced a real risk of significant harm upon return to China. The Tribunal also noted that a decision-maker is not required to make the applicant's case for them, nor is the Tribunal obliged to accept uncritically all allegations made.

The Tribunal affirmed the delegate's decision to refuse the protection visa application. The Tribunal was not satisfied that the applicant and his family had participated in the claimed activities or had been subjected to adverse treatment by Chinese authorities as alleged. Consequently, the Tribunal was not satisfied that the applicant would be of adverse interest to Chinese authorities or that he faced a well-founded fear of persecution or a real risk of significant harm if returned to China.