1804886 (Refugee)

This matter concerned an application for review of a delegate of the Minister of Home Affairs' decision to refuse the applicant a Protection visa. The applicant claimed to be a follower of Yi Guan Dao (YGD), a religion she asserted was severely persecuted in China. She alleged she had been arrested, falsely imprisoned, and threatened by Chinese authorities due to her religious beliefs and participation in YGD gatherings. The delegate was not satisfied that the applicant met the definition of a refugee under s 5H(1) of the Migration Act 1958 (Cth) or that Australia had protection obligations under s 36(2)(a) or s 36(2)(aa) of the Act.

The Administrative Appeals Tribunal was required to determine whether there was a real chance that the applicant would suffer harm amounting to persecution if returned to China, based on her religious beliefs and past involvement with YGD. Specifically, the Tribunal had to assess whether her level of involvement with YGD, both in China and in Australia, would lead to adverse attention from Chinese authorities and a real risk of significant harm, including persecution, torture, or cruel, inhuman, or degrading treatment.

The Tribunal found that there was no real chance the applicant would face persecution or significant harm upon return to China. The reasoning was based on the applicant's low level of involvement with YGD, particularly in Australia, and the assessment that her past participation in gatherings and detention in China, along with visits to a YGD temple in Sydney, would not result in her coming to the adverse attention of Chinese authorities. Consequently, the Tribunal was not satisfied that the applicant had a well-founded fear of persecution or that she met the criteria for protection obligations under either s 36(2)(a) or s 36(2)(aa) of the Act.

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