1918250 (Refugee)

The applicant, a Chinese national of Han ethnicity, sought a protection visa based on her membership and activities within an underground Catholic church in Fujian, China. She claimed to have been harassed by the police, including her husband's arrest and torture, the cancellation of their business licence, and ongoing surveillance and visits to her home. The applicant had subsequently obtained a new passport from a different province and engaged a people smuggler. The decision under review was made by the delegate of the Department.

The primary legal issue before the Tribunal was whether the applicant had established that she would be a person in respect of whom Australia has protection obligations under section 36(2)(a) of the Migration Act 1958 (Cth). This involved assessing the credibility of her claims regarding persecution due to her religious activities and determining whether the risk of harm she faced was general to the population or personal to her. The Tribunal also had to consider the circumstances under which an applicant might be expected to relocate within their country of origin or seek protection from its authorities, as outlined in section 36(2B) of the Act.

The Tribunal found the applicant's evidence to be detailed and clearly articulated, supporting her claims of membership and active participation in an underground Catholic church. It considered country information regarding the status of Christianity and the Catholic church in China, noting the closure of underground churches. The Tribunal was satisfied that the applicant faced a real risk of significant harm that was not general to the population and that it would not be reasonable for her to relocate or seek protection from Chinese authorities.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Migration Act.