1806818 (Refugee)

This matter concerned an application for a protection visa by a male national of China. The applicant claimed he feared persecution in China due to his involvement with an underground Christian church group that received training and funding from overseas. He alleged that if returned to China, he would be persecuted for these activities, face torture and abuse in prison, and be unable to receive protection from Chinese legal officials.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for a Convention reason in China, 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. The Tribunal was required to consider the applicant's claims in light of relevant guidelines and country information.

The Tribunal affirmed the decision not to grant the protection visa. It accepted the applicant's identity and nationality as Chinese. While acknowledging the applicant's claims regarding his religious activities and fear of persecution, the Tribunal concluded that these claims did not establish a well-founded fear of persecution for a Convention reason, nor did they demonstrate a real risk of significant harm upon return to China. The Tribunal found that the applicant did not satisfy the criteria for a protection visa under section 36(2) of the *Migration Act 1958*.