1516113 (Refugee)

The applicant sought a protection visa, claiming persecution in China due to his adherence to the Local Church movement, also known as "the Shouters." The dispute before the Tribunal concerned whether the applicant's factual claims were substantiated and if the criteria for protection were met. The Tribunal ultimately affirmed the delegate's decision to refuse the visa.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of religion, and whether he would suffer significant harm if returned to China, thereby meeting the criteria for a protection visa under section 36(2)(a) or (aa) of the *Migration Act 1958* (Cth). This involved assessing the credibility of the applicant's claims, particularly in light of his failure to attend a hearing and the limited documentary evidence provided.

The Tribunal considered the applicant's written statement detailing his conversion to Christianity, his involvement with the Local Church, and alleged persecution by Chinese authorities, including detention and threats. The Tribunal also had regard to country information regarding unregistered religious organisations in China. However, the Tribunal was not satisfied as to the factual claims made by the applicant. Crucially, the applicant declined to attend the hearing, which limited the Tribunal's ability to assess his credibility and the veracity of his claims. Without sufficient credible evidence to establish a well-founded fear of persecution or a real risk of significant harm, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.