1712414 (Refugee)

The applicant, a national of China, sought a protection visa, claiming a well-founded fear of persecution or significant harm if returned to China due to his active membership in a local church banned by the Chinese government. The dispute before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing significant harm.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one or more of the five prescribed reasons under section 5J of the Act, and if not, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to China, he faced a real risk of suffering significant harm. The Tribunal was required to consider the applicant's claims in light of the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information assessments, as mandated by Ministerial Direction No. 84.

The Tribunal found that the applicant's claims regarding his religious beliefs and the persecution of religious groups in China were credible. It noted that the applicant's mother had been arrested and detained for organising a church gathering, and that the applicant feared similar treatment if he returned to China and continued his religious practice. The Tribunal concluded that the applicant had provided clear and straightforward answers and that the evidence supported his claims. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth).