1837005 (Refugee)

The applicant, who arrived in Australia in June 2018, sought a protection visa, claiming a well-founded fear of persecution in China due to his adherence to the Local Church. The delegate refused the visa, finding the applicant to be a low-level adherent with no real chance of persecution or significant harm. The applicant contended that he had become a Christian in 2015, was baptised in February 2016, and actively participated in evangelising and developing Local Church meeting groups in China, which grew significantly under his involvement. He further claimed that upon learning of the arrest of other church advocates in China, including Mr. A, he was identified as a major activist of an 'evil cult' and feared arrest and imprisonment if returned.

The central legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for reasons of religion, as defined by section 5J of the *Migration Act 1958* (Cth), and whether Australia owed protection obligations to him under section 36(2)(a) of the Act. This required the Tribunal to assess the credibility of the applicant's claims regarding his religious activities in China, the nature of the Local Church, the actions of the Chinese authorities against such groups, and the real chance of the applicant suffering serious harm, including torture, cruel, inhuman, or degrading treatment or punishment, if returned.

The Tribunal found that the applicant had established a well-founded fear of persecution. It reasoned that the applicant's active involvement in evangelising and developing the Local Church in China, which had grown substantially, meant he was likely to be identified by the authorities as a significant figure within an organisation they targeted. The Tribunal considered the applicant's fear of arrest, imprisonment, and harm to be credible, particularly in light of reports of other church advocates being arrested. The Tribunal concluded that the applicant was a person in respect of whom Australia had protection obligations.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958*.