1622105 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to be a member of a Roman Catholic home church and asserted that he had been arrested and that churches in his home region had been demolished.

The primary legal issue before the Administrative Appeals Tribunal was whether the applicant had established a well-founded fear of persecution for reasons of his membership of a particular social group, namely adherents of a Roman Catholic home church, or for reasons of his religion, such that he would be entitled to a protection visa under the Migration Act 1958 (Cth). The Tribunal was required to assess the credibility of the applicant's claims and consider the objective country information regarding the treatment of religious groups in China.

The Tribunal considered evidence relating to the applicant's alleged arrest and the demolition of churches. It also had regard to country information concerning the Chinese government's policies towards religious practice, particularly those outside state-sanctioned religious organisations. After a detailed assessment of the evidence and the relevant country information, the Tribunal concluded that the applicant had not established a well-founded fear of persecution. The Tribunal affirmed the decision under review.