1722986 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to affirm the refusal of her protection visa application. The applicant claimed she would face persecution in China due to her religious practice as a Christian, specifically as a member of an underground church. She alleged a well-founded fear of arbitrary arrest, interrogation, illegal detention, and imprisonment if returned to China.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, as a refugee with a well-founded fear of persecution, or under section 36(2)(aa), by facing significant harm as a necessary and foreseeable consequence of removal to China. This involved assessing the credibility of her claims regarding her religious beliefs and practices, and the risk of persecution she would face in China.

The Tribunal found that the applicant's claims and evidence were inconsistent. It noted that she was baptised after the delegate's decision to refuse her visa, and that her knowledge of church teachings and the concept of a civil wedding appeared confused and at a low level. Furthermore, her husband had a separate protection visa application in progress. Considering these factors, the Tribunal was not satisfied that the applicant had a well-founded fear of persecution or would suffer significant harm if returned to China.

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