2007754 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa. The applicant, a citizen of China, claimed he feared persecution upon return due to his religious beliefs as a member of the Local Church, also known as Shouters. He alleged that this religious group was considered an "Evil Cult" by PRC authorities, leading to the arrest of fellow members and investigations into his family. The applicant arrived in Australia in June 2017 and lodged his protection application shortly thereafter. His wife and second son, born in Australia, also had their protection visa applications refused.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution if returned to China, thereby meeting the refugee provisions of the Act, and if not, whether he met the protection obligations under the complementary provisions of the Act. The Tribunal was required to consider the applicant's claims of religious persecution, the actions of the PRC authorities against the Local Church, and the risk of significant harm upon removal to China, as defined by sections 36(2)(a), 36(2)(aa), 36(2A), and 36(2B) of the relevant Act.

The Tribunal considered various evidence, including the applicant's statutory declarations, testimony, his wife's claims, departmental decisions, and country information reports. The applicant detailed his conversion to Christianity following a car accident and his subsequent involvement with the Local Church, which he stated operated in secret due to official disapproval. He claimed that after his departure, his family was investigated by the Public Security Bureau, and he believed he was blacklisted as a major activist. The Tribunal noted that China was the receiving country and that there was no evidence of the applicant having a right to reside elsewhere. The decision under review was ultimately remitted.