1810702 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by an applicant from China. The applicant's claims of persecution were initially prepared by an agent and later withdrawn at the hearing. The core of the dispute revolved around whether the applicant faced a real chance of persecution for his religious beliefs, specifically Christianity, if returned to China.

The Tribunal was required to determine if the applicant's stated fear of persecution based on his religion was well-founded. This involved assessing the credibility of his evidence regarding his religious activities in China and abroad, the threats he allegedly faced, and the death of his cousin during detention. The Tribunal also had to consider the applicant's primary motivation for travelling to Australia, which he admitted was to earn money, and whether this undermined his claims for protection.

The Tribunal found that the applicant had been introduced to Christianity by his parents and grandparents and had engaged in religious activities, including proselytising, both in third countries and in China. Despite acknowledging that his initial purpose for coming to Australia was economic, the Tribunal accepted that the applicant would continue to evangelise if returned to China. Based on this, the Tribunal concluded that there was a real chance the applicant would suffer persecution for his religion as a result of his evangelising activities.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth), meaning he is owed protection.