2016671 (Refugee)

This matter concerned an application for a protection visa by a Chinese national. The applicant claimed he feared persecution upon return to China due to his participation in the "Occupy Central With Love And Peace" protest in Hong Kong in 2011, during which he alleged he was assaulted by police. He also asserted that Chinese authorities could track him due to existing records and that he would be imprisoned if returned. The decision was made by Member Paul Windsor of the Administrative Appeals Tribunal.

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 section 36(2)(aa) as a person facing a real risk of significant harm in China, thereby engaging Australia's protection obligations. The Tribunal was required to consider the applicant's claims in light of the relevant provisions of the Act, including the definitions of "refugee," "well-founded fear of persecution," and "significant harm," as well as Ministerial Direction No. 84 and associated guidelines.

The Tribunal considered the applicant's claims and evidence, noting inconsistencies in his account regarding legal assistance and his marital status. Ultimately, the Tribunal found that the applicant did not satisfy the criterion under section 36(2)(a) of the Act. Furthermore, the Tribunal affirmed its decision not to grant the applicant a protection visa, concluding that he did not meet the requirements for either refugee status or complementary protection.