1808855 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for a protection visa by a citizen of China. The applicant claimed to fear persecution based on their religious beliefs, specifically their adherence to the Shouters Christian faith and their involvement with a house church. The applicant had previously been granted a detention release certificate and permission to travel abroad, and had made return visits to China. The delegate of the Minister had refused the protection visa application.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a reason specified in section 36(2)(b) of the *Migration Act 1958* (Cth), namely membership of a particular social group or religious belief. This involved assessing the credibility of the applicant's claims regarding their religious activities and the potential for harm they might face upon return to China due to their religious affiliation.

The Tribunal found that the applicant's account of their religious activities and the potential risks associated with them was not credible. It noted inconsistencies in the applicant's evidence and concluded that the applicant had not established a real chance of suffering harm amounting to persecution. The Tribunal applied the principles of assessing credibility and the legal test for establishing a well-founded fear of persecution, considering the country information relevant to the treatment of religious groups in China.

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