2015337 (Refugee)

This matter concerned an application for a protection visa by a citizen of China. The applicant claimed to have suffered harm and to fear future persecution due to a land dispute with government officials and developers, which resulted in the demolition of his home and farm, his arrest, and threats. The Administrative Appeals Tribunal was required to determine whether the applicant faced a real chance of serious harm or a real risk of significant harm if returned to China.

The Tribunal considered the applicant's claims in light of the evidence provided and the relevant legislative provisions, including sections 36(2)(a) and 36(2)(aa) of the Migration Act 1958 (Cth), which outline the criteria for refugee status and complementary protection. The Tribunal noted that it is the applicant's responsibility to provide sufficient particulars and evidence to establish their claim, and the Tribunal is not obliged to assist in establishing the claim. The Tribunal reviewed the material before it, which included the applicant's initial application, a statement detailing his claims, and country information.

The Tribunal found that the applicant's claims lacked important details and corroborating material. Crucially, the applicant failed to attend a hearing and did not respond to requests for further information from both the Department and the Tribunal. The Tribunal noted that the applicant had not provided any additional evidence to address the delegate's concerns regarding the lack of detail and corroboration. Consequently, the Tribunal was not satisfied that the applicant had a well-founded fear of persecution or that there were substantial grounds for believing he would suffer significant harm upon return to China. The decision under review was affirmed.