1506226 (Refugee)

This matter concerned an application for a protection visa by a citizen of the People's Republic of China. The applicant claimed she feared persecution by the Chinese government due to her belief in "Almighty God," which she stated was treated as heresy in China. The applicant alleged that she was detained by police during a church activity in July 2014, released after signing a declaration against her religious beliefs, and subsequently came to Australia. The Administrative Appeals Tribunal (the Tribunal) was required to consider the applicant's claims in light of relevant Ministerial Directions, policy guidelines, and country information.

The primary legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically religious belief, should she be returned to China. This required the Tribunal to assess the applicant's credibility and the objective reasonableness of her fear, taking into account the evidence presented and the country information available regarding the treatment of "Almighty God" adherents in China. The Tribunal also had to consider the applicant's account of her religious conversion and activities, and the alleged police raid and subsequent restrictions.

The Tribunal found that the applicant's evidence was vague and at times difficult to comprehend, noting that she frequently took time to answer questions and that her responses sometimes appeared unrelated to the issues being discussed. Despite efforts to clarify her statements, the Tribunal was not satisfied that the applicant had provided a coherent and credible account of her religious beliefs and activities, nor of the specific events she alleged constituted persecution. The Tribunal noted inconsistencies between her initial statement and her oral evidence regarding the timing of certain events and her reasons for coming to Australia. Consequently, the Tribunal concluded that the applicant had not discharged the onus of proving that she had a well-founded fear of persecution for a Convention reason.

The Tribunal affirmed the delegate's decision to refuse the protection visa application.