1920964 (Refugee)

This matter concerned an application for review of a decision by the Department to refuse to grant a protection visa to the applicant, a citizen of China. The applicant claimed to have converted to Jehovah's Witness in 2013 and subsequently faced detention, pressure to divorce, and loss of income and business due to police interference in 2014. He arrived in Australia in 2018 seeking religious freedom. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had established claims of persecution as a refugee or faced a real risk of significant harm upon removal from Australia.

The Tribunal's reasoning focused on the applicant's responsibility to substantiate his claims. It was held that merely asserting fear of persecution or risk of harm is insufficient; the applicant must provide sufficient evidence to establish the statutory elements of his claim. The Tribunal noted that the applicant had not responded to a pre-hearing information form, and while he had requested an adjournment of the hearing due to a medical condition, the provided medical certificate was not considered sufficient to warrant a postponement without further detail. The Tribunal found that the applicant had not provided enough information to satisfy it that he faced a real chance of persecution or a real risk of significant harm in China.

The Tribunal affirmed the delegate's decision to refuse the visa. The applicant's claims were found to be not credible and insufficiently detailed to establish that he was a practising Jehovah's Witness in China or that his business losses were connected to religious practice. Furthermore, his claimed religious engagement in Australia was not accepted as genuine. Consequently, the Tribunal was unable to make a favourable decision based on the available information.