CAT/C/62/D/669/2015 complainant since he was considered to have acted in bad faith. The complainant claims that the Court erred, on one hand, by publishing personal details about him and his daughter in the judgment, and on the other, by stating that the complainant held a Taiwanese, rather than a Chinese, passport.3 2.10 The complainant appealed against that judgment claiming, inter alia, that the Federal Magistrates Court had erred in finding that the complainant’s alleged bad faith was sufficient to cancel his visa. On 20 October 2011, the Federal Court of Australia found no basis for judicial error and dismissed the complainant’s appeal. 2.11 Between 2011 and 2012, the complainant’s father in China was allegedly visited on several occasions by local police, who asked him to hand over the complainant’s daughter in exchange for the cancellation of the arrest warrant against the complainant, a request his father refused on each occasion. Moreover, in March 2011, the complainant’s houses and vehicles were confiscated and his four bank accounts were frozen. 2.12 Following a court order issued in China in January 2012, the complainant divorced his wife. 2.13 On 27 February 2012, the Refugee Review Tribunal 4 rejected the complainant’s application for a review of the merits of the delegate’s decision to refuse him a protection visa. The Refugee Review Tribunal found the complainant’s claims to be implausible and noted that he had applied for protection in Australia only after learning that his tourist visa had been cancelled. The Tribunal further noted that the complainant had a propensity to significantly embellish his claims at each stage of the application process. That propensity, and the complainant’s failure to seek protection sooner, undermined his credibility. The Tribunal considered the complainant’s claim that he had been endangered by the publication of his daughter’s name and date of birth, and details about the complainant’s passport and protection visa application in the judgment issued by the Federate Magistrates Court but found that there was no evidence to suggest that the judgment had come to the attention of the Chinese authorities and that, in any event, the complainant’s identity had not been disclosed in the judgment. Additionally, even if the complainant had been identified by the Chinese authorities as having applied for protection in Australia, there was insufficient evidence to conclude that this would put him in danger in China. 2.14 On 19 March 2012, the complainant sought review of the Refugee Review Tribunal decision. On 31 May 2012, the Federal Magistrates Court found that the Tribunal had failed to alert the complainant that the credibility of his claims was in issue and remitted the matter back to the Tribunal for reconsideration. 2.15 On 8 April 2013, the Refugee Review Tribunal upheld, for the second time, the delegate’s decision refusing protection to the complainant. The Tribunal found that the complainant lacked credibility and specifically rejected his claims relating to his employment history,5 his marital status, his mother’s profession,6 his alleged persecution by the Government of China — including the arrest warrant issued against him — his alleged fear of being blamed for the misappropriation of public funds and being charged and executed if returned to China, his monitoring by the Chinese authorities while in Australia, and his allegations that he had been paid money and told never to return to China and that his daughter had been kidnapped by the Chinese authorities in 2009. The Tribunal further considered that the complainant’s claim at the second Tribunal hearing that he was planning 3 4 5 6 The passport nationality was corrected and the passport number deleted. The amended judgment was published on 13 January 2012. The Refugee Review Tribunal was a statutory body, which provided a final, independent merits review of decisions made by the Minister for Immigration and Citizenship or delegates of the Minister to refuse to grant protection visas to non-citizens within Australia, or to cancel such visas. On 1 July 2015, the Refugee Review Tribunal was amalgamated into the Administrative Appeals Tribunal. The complainant had initially stated that he worked for a Chinese company. At the second Refugee Review Tribunal hearing, however, he had claimed to work for the Government of China. At the first Refugee Review Tribunal hearing, the complainant had stated that his mother was a legal representative of an investment company and had provided evidence to that effect, whereas, at the second hearing, he had stated that she was a retired schoolteacher. 3

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