1703997 (Refugee)

The applicant, a single man from China, sought a protection visa. His claim for protection was based on allegations that his mother had become involved with the Almighty God church, leading to police harassment and detention of his mother and relatives. The applicant stated he feared similar persecution if returned to China, despite admitting he was not a member of the church himself and did not follow any religion. The Minister for Immigration refused to grant the visa, a decision affirmed by the Tribunal.

The core legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). This involved assessing the credibility of the applicant's claims regarding his mother's religious activities and the subsequent persecution, and determining if these circumstances, as presented by the applicant, established a well-founded fear of persecution for a Convention reason. The Tribunal was also required to consider relevant policy guidelines and country information.

The Tribunal found significant inconsistencies in the applicant's evidence. While he claimed his family was repeatedly detained and forced to abandon their religion, he also stated he did not speak to his parents often and was unsure of the details or timing of his mother's detention. He could not recall when his mother was detained, only that he heard about it shortly after arriving in Australia in June 2014, yet also stated she was not in detention in February 2014. Furthermore, the applicant explicitly stated he was not a member of the Almighty God church and did not follow any religion, which undermined his claim to be persecuted for a Convention reason. The Tribunal concluded that the applicant did not satisfy the criterion in section 36(2) of the Act.

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