2302210 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning a protection visa application made by a citizen of China. The applicant claimed to be a homosexual male who experienced a difficult life in China and feared he would not be accepted there. He had resided in Australia since June 2009.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution in China for one of the five specified reasons, or alternatively, whether there were substantial grounds to believe that upon removal to China, he would face a real risk of significant harm. The applicant provided no further evidence or detailed claims beyond his initial application, despite a request for information from the Department which sought specific details regarding his experiences, fears, and the reasons for a significant delay in lodging his protection visa application.

The Tribunal considered the applicant's claims that homosexual behaviour is not accepted in China and that authorities would not protect him, noting that the applicant stated he had not experienced harm and did not fear harm upon return. The Tribunal found that the applicant had not provided sufficient detail or evidence to substantiate a well-founded fear of persecution or a real risk of significant harm. The Tribunal also noted the applicant's failure to respond to the Department's request for further information, which sought specific details about his sexuality, experiences in China, and reasons for the delay in his application.

The Tribunal affirmed the delegate's decision to refuse the protection visa application, concluding that the applicant had not satisfied the criteria for protection under either section 36(2)(a) or section 36(2)(aa) of the Migration Act 1958 (Cth).