1723289 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to fear persecution in China due to their religious beliefs as a member of the Church of Jesus Christ of Latter-Day Saints, alleging they had been subjected to physical assault and experienced police corruption. The Administrative Appeals Tribunal had previously affirmed the Minister's decision.

The Federal Circuit Court of Australia was required to determine whether the Tribunal had erred in law in its assessment of the applicant's claims for protection. Specifically, the court considered whether the Tribunal had adequately assessed the risk of persecution arising from the applicant's religious affiliation and the alleged experiences of assault and police corruption.

Her Honour Judge Mojsin found that the Tribunal had properly considered the evidence before it, including the applicant's religious beliefs and the alleged incidents of harm. The court affirmed the legal principles that a person is owed protection if they would be at risk of serious harm if returned to their country of origin, and that this assessment requires a careful evaluation of the credibility of the applicant's claims and the objective country information. The Tribunal's conclusion that the applicant had not established a real chance of suffering serious harm was found to be open to it on the evidence.

The application for review was dismissed.