1718111 (Refugee)

This matter concerned an application for a protection visa by a national of China. The applicant claimed he feared persecution upon return to China due to his recent conversion to Christianity and his attendance at a church gathering, which he described as "Shouters." He asserted that the Chinese Communist Party viewed religion negatively and prosecuted religious groups, and that state agents would detain him or force him to abandon his faith. The applicant also claimed he had no right to reside in any third country.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under s.5J of the *Migration Act 1958* (Cth), or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to China, he faced a real risk of suffering significant harm under s.36(2)(aa) of the Act.

The Tribunal considered the applicant's claims and evidence, including policy guidelines and country information. It accepted the applicant's identity and nationality, and his lack of a right to reside in a third country. However, the Tribunal found that the applicant's knowledge of Christianity was at an initial stage, lacking depth and understanding of its tenets, prayers, or Bible stories. He did not know the name or location of his church in Australia, nor the identity of its leader, and had not been baptised. The Tribunal concluded that the applicant did not have a well-founded fear of persecution, nor did he face a real risk of significant harm upon return to China, given his limited engagement with the religion and the lack of evidence of systematic or discriminatory persecution directed at him personally.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.