1510019 (Refugee)

The Administrative Appeals Tribunal (the Tribunal) considered the case of a Chinese national seeking a protection visa. The applicant claimed he would face persecution if returned to China due to his membership in an unregistered "Local Family Church," which the Chinese authorities considered an "evil cult." He alleged he had previously been detained, abused, and fined by police for attending church gatherings and was warned against further participation. The applicant stated that he could not cease practicing his religion and feared re-arrest and imprisonment if he returned to China.

The central legal issue before the Tribunal was whether Australia had protection obligations towards the applicant under the Migration Act 1958 (Cth). This involved determining if the applicant had a well-founded fear of persecution for reasons of his religion, and if the Chinese authorities would be unable or unwilling to protect him from such persecution. The Tribunal was required to assess the applicant's claims in light of relevant country information and policy guidelines.

The Tribunal accepted the applicant's identity and nationality as a national of the People's Republic of China. It found that the applicant's evidence, including his past detention and the ongoing ban and persecution of unregistered churches in China, established a real chance of persecution if he returned. The Tribunal concluded that the applicant's fear of persecution based on his religious beliefs and practice was well-founded, and that the state protection available in China was insufficient. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfied section 36(2)(a) of the Migration Act.