1601149 (Refugee)

This matter concerned an application for a protection visa by a citizen of China. The applicant claimed to fear persecution based on his Christian religious beliefs and his participation in underground house church gatherings. The delegate of the Minister refused the application, and the applicant sought review of that decision by the Tribunal.

The primary legal issue before the Tribunal was the credibility of the applicant's claims and whether, on the basis of his accepted claims, he met the criteria for the grant of a protection visa. This involved assessing whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal from Australia to China, the applicant faced a real risk of suffering significant harm, as defined by the *Migration Act 1958* (Cth).

The Tribunal considered the applicant's written statement detailing his family's religious background, his own baptism, and alleged instances of persecution in China, including his father's arrest in 2005 and his own arrest in 2006. It also noted the applicant's failure to state his religion on his application forms and his claims of being supported by family and friends. The Tribunal had regard to relevant country information from the Department of Foreign Affairs and Trade concerning China. Ultimately, the Tribunal was not satisfied that there were substantial grounds for believing that the applicant would suffer significant harm upon removal to China.

The Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.