1602764 (Refugee)

The applicant, a Chinese national, sought a protection visa, claiming persecution due to his adherence to the Roman Catholic faith, specifically within an unregistered church. The dispute centred on whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to China. The matter was before the Tribunal for review.

The Tribunal was required to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which concerns a well-founded fear of persecution based on religion, or under section 36(2)(aa), which relates to the complementary protection criterion concerning a real risk of significant harm. This involved assessing the applicant's credibility and the evidence presented regarding the treatment of unregistered religious groups in China.

The Tribunal considered the applicant's account of his religious activities, including his baptism, marriage in an unregistered church, and the alleged persecution faced by his family, such as his wife's forced sterilisation due to family planning law violations and pressure on his parents. However, the Tribunal applied the principle that the onus is on the applicant to establish their claim, and mere assertion of fear is insufficient. Drawing on Department of Foreign Affairs and Trade country information, the Tribunal noted that while restrictions on religious organisations vary, those in unregistered institutions are more vulnerable. Despite this, the Tribunal found that the applicant had not satisfied the statutory elements required for a protection visa, and there was no suggestion he met the criteria based on family unit membership.

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