1935799 (Refugee)

This matter concerned an application for a protection visa by a woman from China. The applicant claimed she feared persecution upon return to China due to alleged anti-government activities related to the funeral of a former business associate and, more recently, due to her conversion to the Local Church in Australia. The decision under review was affirmed by the Tribunal.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of religion or political opinion, and whether Australia had protection obligations towards her under the Migration Act 1958 (Cth). This involved assessing the credibility of her claims regarding her past involvement in anti-government activities and her current religious practice, as well as her ability to depart China and the potential consequences of her return.

The Tribunal Member, Jason Cabarrús, found that the applicant's evidence lacked credibility on several significant aspects. Specifically, the applicant's explanation for her departure from China was not reasonably explained in light of country information regarding exit controls. Furthermore, her claims about her religious conversion and practice were found to be inconsistent and lacked depth, leading the Tribunal to conclude she was not a truthful witness regarding her faith. The Tribunal also noted inconsistencies in her statements about the nature of the Local Church and her own religious identity. Consequently, the Tribunal found no real chance that the applicant would suffer persecution or significant harm in China based on her claims.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that she did not satisfy the criteria under s 36(2)(a) or s 36(2)(aa) of the Migration Act 1958.