1615711 (Refugee)

This matter concerned an application for protection visas by two applicants from China. The applicants claimed they feared persecution due to their Roman Catholic faith, citing past experiences of their family's involvement with a house church, including police intervention, detention of a parent, and subsequent surveillance. They also alleged discrimination and bullying at school due to their religion. The delegate of the Department of Home Affairs had refused their applications, and the applicants sought review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether the applicants would face a real risk of suffering significant harm if returned to China, thereby engaging Australia's protection obligations under section 36(2)(aa) of the *Migration Act 1958* (Cth). This required the Tribunal to consider the specific claims of the applicants in light of the circumstances in China, particularly concerning religious freedom and potential persecution of Roman Catholics. The Tribunal also had to consider the exceptions outlined in section 36(2B) of the Act, which relate to the reasonableness of relocation within the country, the availability of protection from the country's authorities, or whether the risk faced was general to the population.

The Tribunal considered the evidence presented by the applicants, including their claims of family arrests, local government surveillance, and past bullying. However, the Tribunal was not satisfied that these circumstances, as presented, established a real risk of significant harm to the applicants personally. The Tribunal's reasoning, though not detailed in the provided text, led to the conclusion that the exceptions under section 36(2B) were likely engaged, or that the risk was not sufficiently personal or significant to warrant protection.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicants protection visas. The Tribunal found that Australia did not have protection obligations towards the applicants under the relevant provisions of the Act.