1717821 (Refugee)

This matter concerned an application for a protection visa by a citizen of the People's Republic of China. The applicant arrived in Australia on a student visa in February 2014, which ceased in February 2017, after which the applicant remained in Australia unlawfully. The applicant lodged an application for a protection visa in April 2017, which was refused by the Department. The applicant then appealed this decision to the Tribunal.

The primary legal issues before the Tribunal were the credibility of the applicant and whether, based on accepted claims, the applicant met the criteria for the grant of a protection visa. Specifically, the Tribunal considered whether the applicant had a well-founded fear of persecution for reasons of religion, as contemplated by section 5H of the *Migration Act 1958* (Cth), or whether the applicant faced a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia, pursuant to section 36(2)(aa) of the Act.

The Tribunal considered the applicant's claims of membership in an unregistered underground church in China, arrest, detention, torture, and threats of severe punishment for practicing Christianity. The Tribunal also had regard to the DFAT Country Information Report for the People's Republic of China dated 3 October 2019. Despite the applicant's claims of past persecution and fear of future persecution, the Tribunal concluded that the decision under review should be affirmed. The Tribunal found that the applicant did not satisfy the criteria for a protection visa.