1709405 (Refugee)

The applicant, a national of China, sought a protection visa, claiming a fear of persecution based on her Christian faith and the potential consequences of having children out of wedlock in China. The dispute before the Administrative Appeals Tribunal (AAT) concerned whether the applicant met the criteria for a protection visa, either under the refugee convention or complementary protection. The applicant's claims were complicated by the birth of two children in Australia and a history of visa applications and overstaying.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for a Convention reason, specifically religion, and whether she would face significant harm if returned to China, as contemplated by the complementary protection provisions. The Tribunal was required to assess the credibility of the applicant's claims, considering her stated religious beliefs and her reasons for fearing return, as well as the implications of her children's births outside of marriage under Chinese law and policy.

The Tribunal considered Ministerial Direction No. 84 and relevant country information. It found that while the applicant claimed to practice Christianity, her actions, such as not practicing her religion during her first five years in Australia, raised credibility concerns. Regarding her children, the Tribunal noted that while unregistered births could lead to fines and difficulties with household registration, country information suggested that authorities had discretion regarding social compensation fees and that registration was generally possible. The Tribunal concluded that the applicant had not established a real risk of significant harm, nor a well-founded fear of persecution, and therefore did not meet the criteria for a protection visa.

The Tribunal affirmed the delegate's decision to refuse the protection visa.