2109051 (Refugee)

The applicant, a citizen of the People's Republic of China, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution or a real risk of significant harm if returned to China, based on claims of publishing anti-government articles online, being a member of Falun Gong, and facing monitoring, beating, and threats from the police as a result. The matter was before the Administrative Appeals Tribunal.

The Tribunal was required to determine if there was a real chance that the applicant would be persecuted for reasons of political opinion or religion, as defined by section 5J(1)(a) of the Migration Act 1958, or if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to China, the applicant would suffer significant harm under section 36(2)(aa) of the Act.

The Tribunal considered the applicant's claims in light of the Department of Foreign Affairs and Trade's 2021 Country Information Report for the People's Republic of China. While acknowledging the principles that adverse findings on material claims require careful consideration and that an applicant's allegations are not to be uncritically accepted, the Tribunal ultimately concluded that the applicant did not satisfy the criteria for a protection visa. The Tribunal affirmed the delegate's decision not to grant the visa.