2101272 (Refugee)

This matter concerned an application for review of a decision by the Minister's delegate to refuse the applicant a protection visa. The applicant, who was unrepresented, claimed that upon return to China, he feared being bullied and beaten due to a conflict arising from his refusal to permit the demolition of his house for a development. He asserted that the individuals involved were too powerful for him to relocate within China. The Administrative Appeals Tribunal was tasked with determining whether the applicant met the criteria for a protection visa.

The primary legal issues before the Tribunal were whether the applicant qualified as a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth) and, alternatively, whether he was entitled to complementary protection under section 36(2)(aa) of the Act. To be considered a refugee, the applicant needed to demonstrate a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and that there was a real chance of such persecution in all areas of China. Complementary protection required substantial grounds for believing that, as a necessary and foreseeable consequence of removal to China, there was a real risk of suffering significant harm.

The Tribunal affirmed the delegate's decision, finding that the applicant had not satisfied the statutory requirements for a protection visa. The Tribunal emphasised that the onus was on the applicant to provide sufficient detail and evidence to establish his claims, and that a decision-maker was not obliged to construct the applicant's case. In this instance, the applicant had provided insufficient information regarding the nature of the harm he feared, whether it constituted "serious harm," and the real chance or risk of experiencing such harm if returned to China. Consequently, the Tribunal concluded that the applicant did not meet the criteria for a protection visa, nor was there any suggestion he met the criteria as a family member of a protection visa holder.