1729685 (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 Local Church, also known as the Shouters, and asserted that their sincere and genuine faith, coupled with their evangelical activities, placed them at risk of persecution in their home country. The matter came before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of their religion, specifically their membership in and activities with the Local Church. This involved assessing the genuineness of the applicant's religious beliefs and practices, and whether these, if known to the Chinese authorities, would expose them to a real chance of serious harm.

The Tribunal found that the applicant's faith was sincere and genuine, and that their participation in evangelical activities was a significant aspect of their religious practice. It was accepted that the Chinese authorities view such activities, particularly those associated with groups like the Local Church, with suspicion and may take adverse action against participants. Consequently, the Tribunal concluded that the applicant had established a well-founded fear of persecution. The decision of the Minister was set aside and remitted to the Minister for reconsideration according to law.