2018596 (Refugee)

The Federal Circuit Court considered the case of a mother and her child seeking protection visas. The dispute arose after the original application for protection visas was refused by the Department. The applicant mother claimed to fear persecution in China due to her conversion to Christianity and her involvement in church activities, including proselytising. She also alleged she was reported to the authorities by her boyfriend after his arrest. The court was required to determine whether the applicant and her child met the criteria for a protection visa, specifically whether they had a well-founded fear of persecution or faced a real chance of significant harm upon return to China.

The court's reasoning focused on the credibility of the applicant's claims and the consistency of her evidence. It noted significant delays in her application for a protection visa, her history of being an unlawful non-citizen in Australia, and a lack of substantial official or documentary evidence to support her assertions. The court found that her explanations for these issues were often vague and inconsistent. Furthermore, the court considered that her religious activities, including taking her child to church, may have been undertaken primarily to secure a protection visa rather than stemming from genuine religious conviction or fear. The court also examined country information regarding the treatment of Christians in China, acknowledging a small but real possibility of persecution in all areas of the country.

Ultimately, the Tribunal found that the applicant was not a witness of truth and had not established that she was a refugee or entitled to complementary protection. However, when considering the specific circumstances of the child, particularly in light of the country information, the Tribunal concluded that the matter should be remitted for reconsideration. This reconsideration was to include the mother's application as a member of her child's family unit.