1834595 (Refugee)

The applicant sought review of a delegate's decision to refuse to grant a protection visa. The applicant, a national of China, claimed to be persecuted for his Christian faith. The delegate had found that while the applicant was a member of a Christian church, he had a low profile and could leave China legally without attracting attention, thus facing less than a real chance of persecution.

The primary legal issue before the Tribunal was 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 determining if the applicant had a well-founded fear of persecution for reasons of religion, or if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to China, he would suffer significant harm. The Tribunal also considered whether the applicant qualified as a member of the same family unit as a person who held a protection visa.

The Tribunal considered the applicant's evidence regarding his family, including his two divorces and his arrangements for his children. It noted the applicant's admission that he did not know or recall the specific claims made in his protection visa application, nor did he have a copy of it. The Tribunal found that the applicant had not provided evidence that his child in Australia had applied for or been granted a protection visa, and therefore, the criterion under section 36(2)(b) or (c) was not met.

Consequently, the Tribunal affirmed the delegate's decision to refuse to grant the applicant a protection visa.