1726389 (Refugee)

This matter concerned an application for a protection visa by a Chinese national who claimed to be a member of the Yiguandao religious group. The applicant alleged that he feared persecution upon return to China due to his involvement with Yiguandao, citing the arrest and imprisonment of a friend and his own alleged placement on a watchlist. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for a protection visa under the Migration Act 1958 (Cth).

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of religion, as defined by section 5J of the Migration Act, or whether he faced a real risk of significant harm under the complementary protection provisions of section 36(2)(aa). This involved assessing the applicant's credibility, the consistency and reliability of his claims, and the available country information regarding the treatment of Yiguandao members in China. The Tribunal also considered whether any actions taken by the applicant in Australia were for the purpose of strengthening his claim, which would require them to be disregarded under section 5J(6).

The Tribunal found that the applicant's evidence regarding his low-level membership and activities was largely consistent with country information, but his claims of harm to friends and his own placement on a watchlist were not sufficiently corroborated or were implausible. While Yiguandao had previously been proscribed in China, current country information indicated it was not on official lists of cults, and there was evidence of tacit approval of private practice and possible future legalisation, with legal action being localised and variable against leaders. The Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm, and therefore did not satisfy the criteria for a protection visa.

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