1933906 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Minister for Immigration and Border Protection to refuse to grant a protection visa. The applicant claimed to fear persecution in China due to their religious beliefs, specifically their adherence to Christianity and involvement with a house church.

The primary legal issue before the court was whether the applicant had established a well-founded fear of persecution for a Convention reason, namely religion, as defined by the *Migration Act 1958* (Cth) and the Refugee Convention. This required the court to assess the applicant's subjective fear and the objective reasonableness of that fear, considering the general country information regarding religious freedom in China and the specific circumstances of the applicant's religious practice.

The court considered evidence regarding the applicant's limited involvement with a house church and the potential risks associated with such activities in China. It applied the principles established in *Chan v Minister for Immigration and Ethnic Affairs* [1989] HCA 30, which require a claimant to demonstrate a real chance of persecution. The court found that the applicant's level of involvement and the evidence presented did not establish a well-founded fear of persecution on the grounds of religion, as the risks identified were not sufficiently serious or likely to befall the applicant personally.

The application for review was therefore affirmed, and the decision to refuse the protection visa was upheld.