1821273 (Refugee)

This matter concerned an application for a protection visa by a citizen of China who claimed to fear harm on account of her Christian religion. The applicant alleged that her parents were leaders and organisers of an underground Christian church, and that she had occasionally attended meetings from a young age. She further claimed that her father had been imprisoned and she herself had been detained and subjected to abuse during police raids on religious gatherings. The delegate refused to grant the visa, finding that the applicant was not a person in respect of whom Australia had protection obligations.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of religion, and whether Australia had protection obligations towards her. This involved assessing the credibility of her claims regarding her religious practice, the alleged persecution she and her family faced, and whether any fear of harm was a real chance and related to all areas of China. The Tribunal was also required to consider whether effective protection measures were available to the applicant in China, and whether she could take reasonable steps to avoid any risk of persecution.

The Tribunal affirmed the delegate's decision not to grant the protection visa. Member Patricia Tyson found the applicant's evidence regarding her past and current religious practice to be inconsistent and unconvincing, noting her apparent unfamiliarity with the Bible or its teachings. Delays in her departure from China after her passport was issued, and in her application for protection, also weighed against her claims. The Tribunal considered the available country information and concluded that the applicant had not established a well-founded fear of persecution. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.