1621713 (Refugee)

This matter concerned an application for a protection visa by a citizen of China. The applicant claimed to be a devout Christian of the Local Church, alleging that her active involvement in the church in China had brought her to the attention of the Public Security Bureau, necessitating her departure from the country to avoid persecution. She further asserted that upon her departure, her family members in China were subjected to investigation by the authorities.

The primary legal issue before the Tribunal was to determine the credibility of the applicant's claims and whether, on the accepted facts, she met the criteria for the grant of a protection visa under the Migration Act 1958 (Cth). This involved assessing whether she had a well-founded fear of persecution for reasons of religion, as defined by the Act, or whether she faced a real risk of significant harm if returned to China, thereby engaging Australia's protection obligations under complementary protection provisions.

The Tribunal considered the applicant's detailed account of her religious activities in China, including organising church training sessions and evangelising, and the subsequent arrest of fellow church members. It also took into account country information from the Department of Foreign Affairs and Trade. Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criteria under section 36(2)(a) of the Migration Act, indicating that Australia has protection obligations towards her because she is a refugee.