1621169 (Refugee)

The applicant, a national of China, sought a protection visa based on claims of persecution as an underground Christian. The dispute before the Tribunal concerned whether the applicant met the criteria for a protection visa, either as a refugee or under complementary protection provisions.

The Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of religion, or if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, the applicant would suffer significant harm. This involved assessing the applicant's claims of being arrested, interrogated, tortured, and threatened by police in China due to his involvement in an underground Christian church.

The Tribunal considered the applicant's claims in light of the 'Refugee Law Guidelines' and 'Complementary Protection Guidelines'. Crucially, the applicant failed to attend a scheduled Protection visa interview and did not provide supplementary information when invited to a hearing before the Tribunal. The Tribunal noted that without the applicant's oral evidence or further information, it was unable to test his claims and establish the facts necessary to make a favourable decision. Consequently, the Tribunal was not satisfied that the applicant met the criteria for a protection visa under section 36(2)(a) or (aa) of the Migration Act 1958.

The Tribunal affirmed the decision not to grant the applicant a protection visa.