1613760 (Refugee)

This matter concerned an application for a protection visa by a Chinese national. The applicant claimed he would face persecution upon return to China due to his religious beliefs as a Christian who attended unregistered church services. The Administrative Appeals Tribunal (AAT) reviewed the delegate's decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for reasons of religion under section 36(2)(a) of the *Migration Act 1958* (Cth), or alternatively, whether Australia had protection obligations under the complementary protection criterion in section 36(2)(aa). The Tribunal was required to consider the applicant's claims in light of relevant policy guidelines and country information.

The Tribunal affirmed the delegate's decision, concluding that the applicant had not established a well-founded fear of persecution. While acknowledging the applicant's stated religious beliefs and the arrest and torture of his father for attending family gatherings, the Tribunal found the applicant's evidence to be lacking in detail and cogency. The applicant provided inconsistent dates regarding his residences and failed to provide sufficient evidence to support his claims of a real risk of persecution. The Tribunal noted that the applicant had departed China legally on his own passport and had not provided details of any specific threats or actions taken against him personally. Consequently, the Tribunal found that the applicant did not satisfy the criteria for the grant of a protection visa.