1731209 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa made by the applicant, a citizen of China. The applicant claimed he had a well-founded fear of persecution for religious reasons if returned to China, specifically due to his involvement with home Bible churches and past arrests and required reporting to the police. He also sought complementary protection, arguing a real risk of significant harm upon removal.

The court was required to determine whether the applicant had a well-founded fear of persecution for one of the five Convention reasons as defined in s.5J of the Act, or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to China, he faced a real risk of suffering significant harm, as per s.36(2)(aa) of the Act. The Tribunal also considered the mandatory considerations outlined in Ministerial Direction No.84, including relevant Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments.

The Tribunal considered the applicant's personal statement detailing his religious activities in China, including attending home Bible study groups, his arrests, detention, and subsequent requirement to report to the police. It also had regard to the Department's file and independent country information. The Tribunal noted the applicant did not attend a Departmental interview or provide further evidence beyond his initial statement and passport details. Ultimately, the Tribunal concluded that the decision under review should be affirmed.

The Tribunal affirmed the delegate's decision to refuse the protection visa.