1913107 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa. The applicant, a national of the People's Republic of China, claimed he had been an active member of a religious group known as the "Local Church" or "Shouters," which was considered an "evil cult" by Chinese authorities. He alleged that in October 2018, police raided a church gathering at his home, leading to his detention, interrogation, assault, and a warning against further participation in such activities. Upon arriving in Australia, he claimed to have joined a Local Church in Melbourne. The Tribunal was required to determine whether Australia had protection obligations in respect of the applicant.

The central legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) or 36(2)(aa) of the Act. This involved assessing the applicant's claims against the relevant country information and determining the credibility of his evidence. The Tribunal also had to consider the definition of "significant harm" and the circumstances under which a real risk of such harm would be deemed to exist, as outlined in sections 36(2A) and (2B) of the Act, and apply Ministerial Direction No. 84.

The Tribunal accepted the applicant's identity as a national of China based on his passport and oral and written evidence. However, the Tribunal found that the applicant's evidence lacked the necessary detail and substance to corroborate his claimed membership and activities within the Local Church in Australia. The Tribunal noted that the applicant had departed China on his own passport and that there was no corroboration of his claimed church membership or activities in Australia. Consequently, the Tribunal concluded that the decision under review should be affirmed.