1834947 (Refugee)

This matter concerned an application for a Protection visa by a citizen of China. The applicant claimed to be a devout underground Christian who feared harm in China due to her religious beliefs, alleging she was wanted by the police and that her family had been harassed. She also claimed her friends, who were also underground Christians, had been detained and tortured. The applicant had failed to attend a Department interview and did not attend the hearing before the Tribunal, despite receiving invitations and reminders.

The legal issues before the Tribunal were whether the applicant met the criteria for a Protection visa under section 36 of the Migration Act 1958 (Cth), specifically whether she was a person in respect of whom Australia had protection obligations under the 'refugee' criterion or on 'complementary protection' grounds. The Tribunal was also required to consider the evidence presented and the applicant's claims in light of relevant guidelines and country information.

The Tribunal affirmed the decision not to grant the visa. It noted that while it accepted the applicant was a Chinese citizen, the mere assertion of fear of harm did not establish its genuineness or well-foundedness. Crucially, the applicant failed to attend the scheduled hearing and did not respond to the Tribunal's invitations to present her case. Pursuant to section 426A of the Act, the Tribunal proceeded to make a decision without further action to enable the applicant's appearance. Given the lack of evidence presented by the applicant, the Tribunal concluded that she did not satisfy the criteria for a Protection visa.