1604383 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to be a Christian convert who had engaged in underground church activities, leading to his arrest and torture. The delegate of the Minister had found the applicant's claims not to be credible, noting a lack of information to support them and the applicant's failure to attend a hearing.

The Administrative Appeals Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of his religion, or a real chance of significant harm, should he be returned to China. This involved assessing the applicant's credibility and the objective circumstances in China relating to religious persecution.

The Tribunal affirmed the delegate's decision, finding that the applicant had not established a well-founded fear of persecution. The Tribunal noted the applicant's failure to attend the hearing without a satisfactory explanation, which significantly impacted its ability to assess his credibility. Furthermore, the Tribunal found that the information provided by the applicant, and that available to the Tribunal, did not sufficiently substantiate his claims of arrest, torture, or the specific nature of his religious activities and the risks associated with them. The Tribunal concluded that the applicant had not discharged his onus of proof.