1807812 (Refugee)

The Administrative Appeals Tribunal (the Tribunal) reviewed a decision by a delegate of the Minister of Home Affairs to refuse the applicant a Protection visa. The applicant, who had arrived in Australia in 2014, claimed he feared persecution in China due to his involvement in protests following the demolition of his grandfather's home and his membership in the Yiguandao religious group.

The Tribunal was required to determine whether the applicant met the criteria for a Protection visa under section 36(2)(a) or 36(2)(aa) of the *Migration Act 1958* (Cth). This involved assessing the credibility of his claims regarding the property demolition, his subsequent arrest and detention, and his alleged mistreatment by authorities. The Tribunal also needed to consider his claims related to his religious beliefs and whether these, individually or in combination with other factors, would place him at risk of significant harm if returned to China.

The Tribunal found the applicant's claims concerning the property demolition and his subsequent arrest to be lacking in credibility. Specifically, the Tribunal was unpersuaded by the applicant's explanation for the severe reaction of the authorities to a single speech given to a small group of passers-by. However, the Tribunal formed a different view regarding the applicant's claims related to his practice of Yiguandao, concluding that these claims warranted further consideration.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act*, indicating that Australia has protection obligations towards him based on the Yiguandao claims.