1603516 (Refugee)

The applicant sought a Protection visa, claiming he could not return to China due to persecution. The Refugee Review Tribunal affirmed the delegate's decision to refuse the visa. The matter was before the Tribunal following an order of the Federal Circuit Court for reconsideration due to a probable error of law in a previous Tribunal decision.

The primary legal issue was whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically on the grounds of his adherence to Roman Catholicism. The Tribunal was required to assess the credibility of the applicant's claims regarding his conversion to Catholicism and the potential risks he might face upon return to China, considering the country's religious policies and the specific circumstances in Fujian province.

The Tribunal considered evidence from the Department of Foreign Affairs and Trade regarding the treatment of Catholics in China, noting the distinction between the official Chinese Catholic Patriotic Association and "underground" or "unofficial" Catholics. While acknowledging that some Catholic clergy faced detention or confinement, the Tribunal also noted that societal discrimination and violence against Catholics were generally low, and that religious policy in Fujian province was considered relatively liberal, despite occasional crackdowns on house churches. The Tribunal found no suggestion that the applicant satisfied the criteria for a Protection visa under section 36(2) of the Migration Act 1958 (Cth).

The Tribunal affirmed the decision not to grant the applicant a Protection visa.