1912689 (Refugee)

The Federal Court considered an application for a protection visa by two applicants from China. The applicants claimed they would face persecution based on their religion and membership in a particular social group. The decision under review had previously refused their application, and the matter was remitted to the Federal Court for reconsideration.

The court was required to determine whether the first applicant was a genuine and practising Christian, and whether the second applicant, born out of wedlock, would face a real chance of serious harm. Further, the court had to consider whether the applicants, as members of the same family unit, were entitled to complementary protection, and whether any delay in their application for protection was a relevant factor.

The court found that the first applicant was not a genuine and practising Christian. However, it was satisfied that the second applicant, due to being born out of wedlock, would face a real chance of serious harm. The court also determined that the applicants, as members of the same family unit, were entitled to complementary protection. The court concluded that the delay in applying for protection did not preclude them from receiving it.

Consequently, the Federal Court remitted the decision to the Immigration Assessment Authority for reconsideration in accordance with its findings.