1610024 (Refugee)

The applicant, a child born in Australia, sought a protection visa on the basis that if returned to China, she would face persecution due to her parents' religious beliefs in Yiguan Dao and her status as an unregistered child ("black child"). The applicant's parents claimed they had not legally married, and as a result, their children born out of wedlock would be subject to social compensation fees, potentially leading to an inability to obtain household registration for the applicant and her sibling. The family also asserted they lived in extreme poverty, making payment of these fees impossible, and that unregistered children faced threats and would not survive.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically considering the claims of persecution based on her parents' religion and her unregistered status in China. A preliminary issue arose regarding a public interest immunity certificate issued by the Department, which the Tribunal had to assess for validity.

The Tribunal found the public interest immunity certificate to be invalid, as the stated reasons did not properly identify a basis for such immunity and the disclosed documents contained no adverse or sensitive information. Consequently, the Tribunal proceeded to consider the merits of the application. The Tribunal noted that there was no suggestion the applicant satisfied the criteria for a protection visa by being a member of the same family unit as a person who held a protection visa. Therefore, the applicant did not satisfy the relevant criterion under section 36(2) of the Migration Act 1958 (Cth).

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