1515452 (Refugee)

The applicant sought a protection visa, with their daughter later added as a second applicant. The core of the dispute concerned the applicant's credibility and whether, based on their claims, the criteria for a protection visa were met. The Tribunal considered the applicant's stated experiences of religious persecution in China, including alienation by classmates due to Christian practices and the general prohibition of religious activities by the government. The second applicant's claim was dependent on the first applicant's family unit status.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of religion, and whether the second applicant, as an adult child, was dependent on the applicant as defined by the Migration Regulations. The Tribunal was required to assess the applicant's credibility in light of their stated experiences and the country information pertaining to religious freedom in China. Furthermore, the Tribunal had to determine if the second applicant met the criteria for inclusion as a dependent child on the protection visa application.

The Tribunal's reasoning focused on the credibility of the applicant and the definition of dependency for adult children. It noted that the second applicant, being over 18, was an adult child and therefore required to demonstrate dependency on the applicant under regulation 1.05A of the Migration Regulations, which requires being wholly or substantially reliant for financial, psychological, or physical support. The Tribunal also considered Ministerial Direction No. 56 and relevant country information from the Department of Foreign Affairs and Trade. Ultimately, the Tribunal concluded that it was not satisfied that either applicant met the criteria for a protection visa, specifically under section 36(2)(a) or (aa) of the Migration Act 1958, and consequently, they could not satisfy the criteria under section 36(2)(b) or (c).

The Tribunal affirmed the delegate's decision not to grant the applicants protection visas.