1901791 (Refugee)

This matter concerned an application for a protection visa by a Chinese national who identified as Christian. The applicant had provided a personal statement in 2017 detailing her religious beliefs and alleged past persecution in China, including an arrest and detention in 2010. She had not provided any updated information since arriving in Australia in 2017. The Department had invited the applicant to an interview, but the invitation contained an incorrect date. The applicant did not attend the interview, and the delegate subsequently refused to grant the protection visa. The applicant sought review of this decision.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under the Migration Act 1958 (Cth). This involved assessing whether she was a refugee, meaning she had a well-founded fear of persecution in China based on her religion, and whether this fear was related to all areas of her receiving country. If she did not qualify as a refugee, the Tribunal had to consider whether she was owed complementary protection, meaning there was a real risk of significant harm upon return to China, and whether relocation or protection from Chinese authorities would be a viable alternative.

The Tribunal noted that no new information had been provided by the applicant since her initial application in 2017. It considered the applicant's claims of past persecution, including her arrest and detention for attending an underground church. However, the Tribunal found that the applicant had not demonstrated a well-founded fear of persecution. Crucially, the Tribunal stated that it had no current information about the applicant's claims and that the Chinese authorities had no current interest in her. The Tribunal also considered the country information available, including assessments prepared by the Department of Foreign Affairs and Trade, in accordance with Ministerial Direction No. 84.

The Tribunal concluded that the applicant had not established that she had a well-founded fear of persecution or that she would suffer significant harm if returned to China. Consequently, the Tribunal affirmed the decision under review, meaning the protection visa was refused.