1601793 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant claimed to fear persecution in China due to their ethnicity and religion, alleging discrimination by Muslims. The matter was remitted to the Federal Circuit Court by the Federal Court.

The primary legal issue before the Court was whether the applicant had established that they would suffer significant harm if returned to China, specifically in relation to claims of ethnicity-based discrimination and fear of Muslims. The Court was required to assess whether the applicant met the criteria for a protection visa under Australian refugee law, considering the evidence presented regarding their circumstances in China.

The Court considered the applicant's claims of discrimination and fear of harm. It found that while the applicant belonged to the Chinese ethnic group and identified as a Muslim, the evidence did not establish a real chance of significant harm being suffered upon return to China. The Court concluded that the alleged discrimination and fear of Muslims did not meet the threshold for protection under the *Migration Act 1958* (Cth).

The decision of the Minister to refuse the protection visa was affirmed.