1714329 (Refugee)

The Administrative Appeals Tribunal considered the case of a female applicant from China seeking a protection visa. The applicant claimed she feared persecution by the Chinese communist regime and police due to her practice of Falun Gong. The Tribunal was required to determine whether the applicant met the criteria for a protection visa under s.36(2)(a) or s.36(2)(aa) of the Act.

The Tribunal's reasoning focused on the applicant's claims and the available country information. It noted that the applicant had resided in Australia for a significant period, arriving in 2002 and holding various visas before applying for a protection visa in September 2014. The applicant stated she left China because she feared persecution as a Falun Gong practitioner, detailing alleged threats from the Ministry of State Security and psychological torture. She also expressed fear of imprisonment, torture, and organ harvesting if returned to China, identifying the Ministry of State Security, local police, and media as potential sources of harm. The Tribunal considered DFAT country information which indicated that Falun Gong is illegal in China, and practitioners face a high risk of official discrimination and moderate risk of societal discrimination if exposed. The country information also highlighted the broad powers of Chinese security agencies, the lack of judicial independence in politically sensitive cases, and the state's surveillance capabilities which limit internal relocation for those who have attracted adverse attention.

Ultimately, the Tribunal concluded that the decision under review should be affirmed. This outcome was based on the applicant's failure to provide a clear and consistent account of her claims, including being unresponsive to questions, providing vague or imprecise information, and not referring to corroborative witnesses or documents. The Tribunal also took into account the delay in seeking protection.