1615507 (Refugee)

The applicant, a citizen of China, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to China, based on his alleged involvement with an underground Catholic youth group. The decision was made by Penelope Hunter, a Member of the Tribunal.

The legal issues before the Tribunal were to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, specifically whether he had a well-founded fear of persecution due to his religion, or alternatively, if he met the complementary protection criterion under section 36(2)(aa), meaning there was a real risk of significant harm upon removal from Australia. The Tribunal was required to assess the credibility of the applicant's claims in light of country information regarding religious freedom and state control in China.

The Tribunal considered the applicant's evidence and relevant country information from the Department of Foreign Affairs and Trade. It noted that the mere assertion of fear does not establish its genuineness or well-foundedness, and the onus is on the applicant to provide sufficient evidence. The Tribunal found that while Christianity is present in China and unregistered churches exist, the applicant's evidence lacked contextual details and his answers to questions were evasive and inconsistent, raising credibility concerns. The Tribunal concluded that the applicant had not satisfied the statutory elements required to establish a well-founded fear of persecution or a real risk of significant harm.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criterion in section 36(2) of the Migration Act 1958.