1620845 (Refugee)

This matter concerned an application for a protection visa by a national of the People's Republic of China. The applicant claimed to be a Christian who practiced her faith in an unregistered house church, alleging she had been detained, tortured, and warned of severe consequences, including death or disappearance, if caught again. She asserted a fear of persecution based on her religious beliefs and sought protection in Australia. The decision was made by Member Lilly Mojsin of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing complementary protection. Specifically, the Tribunal had to determine if the applicant had a well-founded fear of persecution for reasons of her religion, and if so, whether effective protection measures were available to her in China. The Tribunal also considered the definition of "significant harm" in the context of complementary protection.

The Tribunal found that the applicant did not satisfy the criterion of being a refugee. While accepting the applicant's identity and nationality, it noted independent evidence suggesting that authorities in Guangdong province traditionally adopted a more liberal approach to house churches. Crucially, the applicant had departed China legally on a genuine passport, and the Tribunal inferred from this and the comprehensive security monitoring at major airports that she did not have an adverse profile with the Chinese government at the time of her departure and was not of interest to them. Consequently, the Tribunal was not satisfied that the applicant faced harm for her religious beliefs or related past actions. The applicant did not provide further information to support her claims.

The Tribunal affirmed the decision not to grant the applicant a protection visa, concluding that she did not meet the criteria under section 36(2) of the Act.