1621148 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant, Ms. A, from China, who sought a protection visa. The dispute centred on whether Ms. A qualified for protection under Australian law, either as a refugee or on complementary protection grounds, due to her alleged membership in the Church of Almighty God, an organisation banned in China.

The primary legal issue before the Tribunal was to determine if Ms. A, on the accepted evidence, was entitled to Australia's protection as a refugee, or alternatively, on complementary protection grounds. This involved assessing whether she had a well-founded fear of persecution for reasons of religion, or if there was a real risk of significant harm upon removal from Australia to China, considering the country's stance on the Church of Almighty God.

The Tribunal noted that Ms. A claimed to have joined the Church of Almighty God in 2014 and subsequently discontinued her university studies, which she attributed to her faith and a fear of being discovered. The Tribunal found that the delegate's interpretation of Ms. A's actions, particularly regarding the timing of her joining the church and her decision to leave university, was not necessarily implausible. Crucially, the Tribunal concluded that Ms. A could not avail herself of the protection of a third country. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the refugee criterion under s 36(2)(a) of the Migration Act 1958.