1903766 (Refugee)

The Federal Court of Australia considered an application for a protection visa by a citizen of China. The applicant claimed to be an active member of the Local Church, a religious group, and argued that this status, combined with other factors, placed them within a particular social group for the purposes of protection. The applicant also raised concerns related to their denial of Hukou registration, the recognition of their Australian marriage, and the status of their unregistered child, referred to as a ‘black child’.

The central legal issues before the Court were whether the applicant was a member of a particular social group within the meaning of the *Migration Act 1958* (Cth) and whether they would face persecution or substantial harm if returned to China. Specifically, the Court had to determine if the applicant's religious affiliation, their family circumstances including the unregistered child, and the denial of Hukou registration constituted grounds for protection. The Court also considered whether relocation within China would be a reasonable alternative to protection.

The Court found that there was credible evidence to support the applicant's claim of being an active member of the Local Church and that this, in conjunction with their family situation and the consequences of their unregistered child, established them as a member of a particular social group. The Court reasoned that the denial of Hukou registration and the associated difficulties, particularly for their child, coupled with the religious persecution faced by members of the Local Church, meant that the applicant would likely suffer harm. Furthermore, the Court determined that relocation within China was not a reasonable alternative given the pervasive nature of the persecution and the applicant's specific circumstances.

The Court set aside the previous decision and remitted the matter to the Refugee Review Tribunal for redetermination.