1811237 (Refugee)

The applicant, a national of China, sought a protection visa, claiming to be a devout underground Christian who feared persecution upon return to China due to her religious beliefs. The dispute before the Tribunal concerned whether the applicant met the criteria for a protection visa, specifically whether she was a refugee or would suffer significant harm if returned to China. The Tribunal considered the applicant's claims, which were made in her visa application, but noted her failure to attend an interview with the delegate.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of religion under section 5J of the Migration Act 1958, and whether there was a real risk that she would suffer significant harm as a necessary and foreseeable consequence of being removed to China, as contemplated by section 36(2)(aa) of the Act. The Tribunal was required to assess the credibility of the applicant's claims in light of the available evidence, including country information and the applicant's own submissions, while also considering the impact of her non-attendance at the interview.

The Tribunal found that China was the applicant's receiving country. However, the delegate had previously been unsatisfied that the applicant was a Christian or faced harm for such a reason, and that there was a real chance of persecution or significant harm upon return. Crucially, the applicant did not provide oral evidence at the hearing, and her written material alone was not considered a sufficient basis to satisfy the delegate. The Tribunal affirmed the delegate's decision, concluding that the applicant did not satisfy the criteria for a protection visa. The Tribunal affirmed the decision not to grant the applicant a protection visa.