1720897 (Refugee)

The applicant, a citizen of the People's Republic of China, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to China, based on her involvement with an underground Christian church known as the "Local Recovery Church." The matter was heard by Rodger Shanahan, a member of the Tribunal.

The legal issues before the court were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which requires a well-founded fear of persecution, or under section 36(2)(aa), which concerns a real risk of significant harm as a consequence of removal. This involved assessing the applicant's claims of religious persecution due to her active participation in and organisation of the Local Recovery Church, including printing religious materials and conducting training programs, which was allegedly banned by Chinese authorities.

The Tribunal considered the applicant's evidence detailing her conversion to Christianity and her role in establishing and developing the Local Recovery Church in Nanning. The Tribunal noted that the applicant did not satisfy the criterion under section 36(2) of the Act, which pertains to a well-founded fear of persecution. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.