1727021 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant claimed to be a member of the Jehovah’s Witnesses religious group and alleged that they had been assaulted and detained by police in their home country due to their religious activities, which included attendance at religious services, distribution of printed materials, and online access. The Administrative Appeals Tribunal (AAT) affirmed the Minister's decision.

The primary legal issue before the court was whether the AAT had erred in law in affirming the refusal of the protection visa. Specifically, the court considered whether the AAT had failed to adequately consider the applicant's claims regarding persecution based on their religion, and whether the applicant had been afforded a proper opportunity to present their case.

The court noted that the applicant had failed to respond to a hearing invitation from the AAT and had not provided any further evidence or submissions after the initial application. The AAT had therefore proceeded to make a decision based on the material before it. The court held that it is the applicant's responsibility to specify their claims and provide evidence to substantiate them. In the absence of such engagement, the AAT was not afforded an opportunity to test the applicant's claims and evidence. Consequently, the court found no error of law in the AAT's decision.

The application for review was dismissed.