1715562 (Refugee)

The Administrative Appeals Tribunal considered the case of two applicants seeking protection visas for themselves and their two Australian-born children. The applicants, citizens of China, claimed they faced a real risk of suffering significant harm if returned to China due to their practice of evangelical Christianity, specifically within an unregistered house church. The Minister's delegate had previously refused their protection visa applications.

The primary legal issue before the Tribunal was whether the applicants had established substantial grounds for believing that, as a necessary and foreseeable consequence of their removal to China, there was a real risk they would suffer significant harm, pursuant to section 36(2)(aa) of the Migration Act 1958. This required the Tribunal to assess the sincerity of the applicants' religious beliefs and practices, the nature of their church, and the potential actions of Chinese authorities against individuals adhering to unregistered religious groups. The Tribunal also had to consider whether the children, as members of the same family unit, were owed protection obligations.

The Tribunal found that the primary applicant demonstrated a sincere and committed evangelical Christian faith, possessing detailed knowledge of her beliefs and practices. Her evidence, along with that of her witnesses, indicated that her faith was not aligned with registered state churches in China and that she feared separation from her children by Chinese authorities due to her religious activities. The Tribunal accepted that the two children were dependent members of the same family unit as the applicants and were therefore owed protection obligations by Australia. The Tribunal determined that the applicants satisfied the criteria under section 36(2)(aa) of the Act.

The Tribunal directed that the matter be remitted for reconsideration in accordance with its decision and reasons.