1715816 (Refugee)

This matter concerned an application for review by a Chinese national seeking a protection visa. The applicant claimed he was unable to practice Christianity in China and had suffered physical and mental harm as a result. He alleged he had been detained in a labour camp for practicing his religion, where he was beaten and forced to work. He further claimed that upon return to China, he would face physical and mental torture due to his religious beliefs. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons, or alternatively, whether there were substantial grounds for believing that he would suffer significant harm if returned to China.

The Tribunal considered the applicant's claims in light of the evidence before it, including independent country information regarding China. The applicant had provided limited documentation to support his claims, including only his Chinese passport and requests for Medicare access letters. He had not provided a copy of the delegate's decision or attended an interview with the Department. The Tribunal accepted the applicant's identity and nationality based on the passport provided.

The Tribunal affirmed the decision under review. While acknowledging the applicant's claims of religious persecution and detention, the Tribunal found that the evidence presented did not establish a well-founded fear of persecution for a Convention reason. Furthermore, the Tribunal concluded that there were no substantial grounds for believing that the applicant would suffer significant harm as a necessary and foreseeable consequence of his removal to China, as required for complementary protection. The Tribunal took into account Ministerial Direction No. 84 and relevant guidelines in its assessment.