1836433 (Refugee)

The applicant, a national of China, sought a protection visa. The dispute concerned whether the applicant had established a well-founded fear of persecution for reasons of religion or would suffer significant harm upon return to China, as required for the grant of a protection visa under the *Migration Act 1958* (Cth). The case was heard by the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether she was a refugee within the meaning of section 5H of the Act, or whether she faced a real risk of significant harm under section 36(2)(aa) of the Act. This involved assessing the applicant's claims of persecution due to her adherence to underground Christianity, including alleged past mistreatment by police and threats of detention, as well as claims of family violence.

The Tribunal considered the applicant's written claims and oral evidence, noting inconsistencies between the two. While accepting some aspects of her account regarding difficulties related to attending underground church meetings and experiencing sibling abuse, the Tribunal found that key claims, such as her mother writing a public letter or the applicant and her mother being arrested and detained, were not substantiated and did not occur. The Tribunal also considered the applicant's employment history and ability to leave China as factors indicating she was not of significant interest to Chinese authorities. Applying the principles of section 5J of the Act regarding well-founded fear of persecution, and considering the country information available, the Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.