1911916 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant claimed to be a Christian and alleged persecution on the basis of their religion. The Administrative Appeals Tribunal (AAT) affirmed the Minister's decision.

The AAT was required to determine whether the applicant had suffered past persecution or had a well-founded fear of future persecution for a Convention reason, specifically religion, in China. The Tribunal also considered the applicant's failure to attend the hearing.

The AAT found that the applicant had not provided sufficient evidence to satisfy it that they had suffered past persecution. Furthermore, the Tribunal was not satisfied that the applicant had a well-founded fear of serious harm should they return to China, particularly in light of their failure to attend the hearing and provide further information. The AAT applied the principles established in relevant refugee law jurisprudence concerning the assessment of claims for protection visas, including the onus on the applicant to establish their case.

The decision under review was affirmed.