1714784 (Refugee)

This matter concerned an application for a protection visa by individuals from China. The applicants claimed they were entitled to protection in Australia on refugee or complementary protection grounds due to the persecution of Christians in China. The decision under review was made by the Administrative Appeals Tribunal (AAT), presided over by Luke Hardy.

The central legal issue before the Tribunal was whether the applicants, based on the accepted evidence, qualified for protection in Australia as refugees or, alternatively, on complementary protection grounds. This required an assessment of their claims of religious persecution in China against the relevant legal criteria and country information.

The Tribunal affirmed the decision under review, concluding that the applicants had not established a claim for protection. The applicant’s statement indicated she became a Christian in Hong Kong in 2000 and, upon returning to China, engaged in clandestine preaching to family and friends. While her friends warned her of potential arrest, she did not report experiencing any serious or significant harm. She arrived in Australia to visit her son and did not suggest she fled for safety. The Tribunal noted a significant delay in seeking protection, with the applicants only deciding to apply after being in Australia for many years and joining a Chinese-speaking church. Their stated reason for applying was a loss of faith in the Chinese government's attitude towards Christians, rather than an immediate fear of harm upon arrival or during their time in China. The Tribunal also considered the son's educational background and the lack of supporting material submitted with the initial application.