1731890 (Refugee)

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal (AAT) regarding a protection visa for a devout Christian from China who was a member of the Church of Almighty God. The applicant claimed a well-founded fear of persecution in China due to her religious beliefs and activities, including preaching and proselytising. The AAT had initially dismissed the application for review due to the applicant's failure to attend a scheduled hearing, but later re-opened the application after being satisfied that a change of contact details form had been submitted without the applicant's knowledge, and that she had not been notified of the hearing.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J of the *Migration Act 1958* (Cth) in China, and if not, whether there were substantial grounds for believing that her removal to China would result in a real risk of significant harm. The Tribunal was required to consider the applicant's evidence regarding her religious beliefs and activities, and assess the availability of state protection in China. The Tribunal also had regard to relevant Ministerial Directions, Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments.

The Tribunal found the applicant's evidence of her religious devotion and her attempts at preaching and proselytising in China to be convincing. It was satisfied that she demonstrated a complete understanding of the fundamental beliefs and teachings of the Church of Almighty God. Based on this assessment, the Tribunal concluded that state protection was not available to the applicant and that she had a well-founded fear of persecution.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criterion set out in section 36(2)(a) of the *Migration Act 1958* (Cth), meaning Australia has protection obligations towards her because she is a refugee.