1709338 (Refugee)

The applicant, a child, sought a protection visa in Australia, claiming a well-founded fear of persecution in China due to his mother's Christian faith and her association with a local church, as well as his own status as an illegitimate and unregistered child. The applicant also asserted hardship due to his parents' inability to marry and his consequent lack of access to state services, including education. The matter came before the Tribunal for reconsideration after a delegate of the Minister had previously refused the visa.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under s 36(2)(a) of the Migration Act 1958 (Cth), specifically whether he had a well-founded fear of persecution for reasons of religion or membership of a particular social group, or under s 36(2)(aa) concerning complementary protection. The Tribunal also had to consider the credibility of the applicant's claims in light of the delay in seeking protection.

The Tribunal affirmed the delegate's decision to refuse the visa, albeit for different reasons. It found that the applicant did not face a real chance of persecution upon return to China for reasons of religion, being born out of wedlock, or being an unregistered child. The Tribunal concluded that these claims did not engage Australia's refugee protection obligations under s 36(2)(a) of the Act, nor did they engage the complementary protection obligations under s 36(2)(aa). The Tribunal noted that while religious observance in Fujian province historically occurred more freely, religious control had incrementally tightened in line with the rest of the country.