1605644 (Refugee)

The applicant, who claimed to be a devout Catholic from Hebei Province, China, sought a protection visa. The applicant alleged persecution, including detention and assault, due to participation in an underground Catholic church. The Department had issued a public interest non-disclosure certificate regarding certain documents, which the Tribunal found to be invalid as the material related to internal working documents and the applicant's identification, which was not in dispute.

The central legal issue before the Tribunal was whether there was a real chance the applicant would suffer serious harm upon return to China due to his religion, or alternatively, whether there were substantial grounds to believe that removal would result in a real risk of significant harm. This required consideration of both the refugee criterion under s.36(2)(a) and the complementary protection criterion under s.36(2)(aa) of the Migration Act 1958.

The Tribunal considered the applicant's claims of persecution, including past detentions and assaults related to his involvement with an underground Catholic church. However, the Tribunal ultimately concluded that the applicant did not satisfy the criteria for a protection visa. The decision under review was affirmed, and the applicant was found not to meet the requirements of s.36(2) of the Act.