1835413 (Refugee)

This matter concerned an application for a Protection visa by an individual from China. The applicant claimed he left China due to a lack of freedom to choose and practice his religious beliefs, specifically Christianity. He alleged that government officials subjected him to verbal and physical abuse, threats, and monitoring for attempting to access religious literature and introduce others to Christianity. The applicant also claimed his family and friends faced repercussions, including threats to their employment. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for a Protection visa under section 36 of the Migration Act 1958 (Cth).

The Tribunal considered the applicant's claims in light of the criteria for a Protection visa, which include obligations under the 'refugee' criterion or 'complementary protection' grounds. The Tribunal noted that the applicant had been invited to attend a hearing to present oral evidence and arguments, but failed to attend or respond to the invitation. Despite sending SMS reminders, the applicant did not appear for the hearing scheduled for 3 November 2023. Consequently, the Tribunal exercised its discretion under s 426A of the Act to proceed with making a decision on the review without further action to enable the applicant's appearance.

The Tribunal affirmed the delegate's decision not to grant the applicant a Protection visa. It found no suggestion that the applicant satisfied the criteria by being a member of the same family unit as a person who held a Protection visa. Therefore, the Tribunal concluded that the applicant did not satisfy the relevant criterion under s 36(2) of the Act.