1603784 (Refugee)

The applicant, a man from China, sought review of a decision not to grant him a protection visa. He arrived in Australia in February 2014, his visa expired in May 2014, and he lodged his protection visa application on 17 March 2015, some eleven months later. His initial claim was that he was a Christian who had faced discrimination and detention. However, during a subsequent interview, he recanted this claim, stating he had made it based on advice about the Australian system. He then claimed to be a Muslim of the Hui ethnic group, alleging suppression of his group and difficulties in practicing their religious meat processing traditions, and that authorities had not acted on his complaints about food brought into his restaurant.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically considering his claims of persecution based on religion and ethnicity, and whether he faced significant harm if returned to China. The court also had to assess the validity of a non-disclosure certificate presented by the Department, which purported to prevent the disclosure of certain information. Furthermore, the court needed to consider the applicant's significant delay in lodging his protection visa application after his substantive visa expired.

The court found that the non-disclosure certificate was invalid as it did not specify a sufficient reason for claiming public interest immunity, referencing the Federal Court decision in *MZAFZ v MIBP*. Regarding the applicant's claims, the court noted the inconsistency in his stated religion and the lack of evidence of other significant problems faced by him personally. The court also expressed difficulty in accepting the applicant's assertion of ignorance regarding the possibility of seeking protection in Australia, given the availability of information and advice. The court affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the *Migration Act 1958*.