1620162 (Refugee)

This matter concerned an application for a protection visa by an individual from China. The applicant claimed to fear persecution due to her membership in the Church of Almighty God, which is designated as a heresy by the Chinese government. The applicant asserted that she had been actively involved in church activities, including leadership roles, and that several fellow church members had been arrested by Chinese authorities. She contended that she was being sought by the police and had been living in hiding, fearing arrest, torture, and imprisonment if returned to China.

The court was required to determine whether the applicant met the criteria for being a refugee, and if not, whether there were reasonable grounds to believe that her return to China would result in a real risk of significant harm. This involved assessing the credibility of her claims, the evidence of persecution faced by members of the Church of Almighty God in China, and the availability of protection measures within China. The court also considered the applicant's admission of providing false information on a previous visa application, and whether this impacted the assessment of her protection claims.

The court found that the applicant was a genuine member of the Church of Almighty God and had a leadership profile within the organisation. It accepted her evidence that she would continue to practice her faith if returned to China. Based on the available country information and the applicant's history, the court was satisfied that she faced a real chance of coming to the attention of Chinese authorities and being persecuted for her religious beliefs. This persecution was found to involve significant harm, including potential detention, imprisonment, social ostracism, and torture, and was characterised as systematic and discriminatory conduct by the Chinese government towards adherents of the Church of Almighty God. The court concluded that the applicant would therefore face a real risk of significant harm.