1700761 (Refugee)

This matter concerned an application for a protection visa by a minor applicant, a national of the People's Republic of China. The applicant's claims for protection were based on her family's religious beliefs and the persecution they allegedly faced in China due to their membership in a banned Christian church. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth) and Schedule 2 of the *Migration Regulations 1994* (Cth), including whether Australia had protection obligations towards her on refugee or complementary protection grounds.

The Tribunal considered the applicant's claims in light of the Department's previous decision and relevant country information. In assessing the applicant's credibility, the Tribunal noted that while the benefit of the doubt should be given, this did not necessitate uncritical acceptance of all allegations. The Tribunal affirmed that the onus was on the applicant to present her case in detail, and that greater weight could be given to one piece of evidence over another without requiring a positive state of disbelief before making adverse assessments. The Tribunal found the applicant to be a national of China and noted the absence of evidence suggesting a right to enter and reside in a third country.

The applicant's case was predicated on her parents' Christian faith and their alleged persecution in China, including the banning of their church, the [Church], by the Chinese Communist Party. The applicant's grandfather, a member of this church, had reportedly been arrested, detained, beaten, and threatened by Chinese authorities for participating in church activities. The applicant's grandfather feared that she and her parents might face similar persecution if they returned to China. The Tribunal's decision affirmed the reviewable decision.