1721032 (Refugee)

The applicants, who are Chinese citizens, sought protection visas. The dispute concerned whether Australia had protection obligations towards them, specifically whether they faced a real risk of significant harm if returned to China due to their religious beliefs and practices as members of a home church. The matter was before the Tribunal for review of a decision not to grant the protection visas.

The Tribunal was required to determine if the applicants met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which relates to being a refugee with a well-founded fear of persecution, or under section 36(2)(aa), which concerns complementary protection obligations due to a real risk of significant harm as a consequence of removal from Australia. This involved assessing the credibility of the applicants' claims regarding religious persecution in China and whether any such risk constituted significant harm.

The Tribunal found the applicant to be a truthful witness regarding her personal background, migration history, and stated fears. However, it was not satisfied that the applicants had established a well-founded fear of persecution or a real risk of significant harm. The Tribunal considered the applicants' migration history, noting their prolonged stays in Australia beyond their student visas, and their stated desire to remain in Australia for prosperity rather than an immediate fear of persecution upon their initial arrival. While acknowledging the applicants' stated religious beliefs and the reported detentions of family church members in China, the Tribunal concluded that the evidence did not demonstrate that the applicants would personally face persecution or significant harm as a necessary and foreseeable consequence of their return to China, particularly in light of the general country information and the specific circumstances presented.

Consequently, the Tribunal affirmed the decision not to grant the applicants protection visas, finding that they did not satisfy the criteria under section 36(2)(a) or (aa) of the Migration Act 1958.