1729817 (Refugee)

This matter concerned an application for a protection visa by a Chinese national. The applicant claimed he would face harm upon return to China due to his Roman Catholic faith and his distribution of Christian materials. The Federal Circuit Court had remitted the decision for reconsideration on two prior occasions, first for failing to consider claims related to involvement in an underground church, and second for failing to disclose a certificate issued under s 438 of the Act.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa, or alternatively, was entitled to complementary protection. This required the court to determine the credibility of the applicant's claims regarding his religious activities in Australia and the potential risks he faced in China as a Roman Catholic. The court also had to consider what material could be taken into account on remittal, given the previous procedural errors.

The court reasoned that on remittal, the Administrative Appeals Tribunal (AAT) was obliged to continue the proceeding and determine the review based on the facts as they presented at the time of its determination, having regard to the existing record. The applicant had provided substantial evidence of his genuine commitment to the Roman Catholic Church in Australia, including baptism certificates, letters from church officials, and witness statements confirming his regular attendance and active participation in church activities since February 2012. The court accepted this evidence, finding it demonstrated a genuine commitment to the faith, which formed the basis of his protection claim. The court also considered country information regarding the status of Roman Catholics in China, including registered and unregistered churches.

The court affirmed the decision under review, finding that the applicant had established a genuine commitment to the Roman Catholic Church in Australia, which, when considered with the country information, supported his claim for protection.