2109372 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to refuse her a protection visa. The applicant claimed to be a devout underground Christian who fled China due to persecution, including the detention and torture of friends and harassment of her family by police. She asserted that China combats underground religious beliefs and that she would be arrested and tortured if returned.

The legal issues before the court were whether the applicant had a well-founded fear of persecution for reasons of religion, or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of her removal to China, she faced a real risk of suffering significant harm. The court was required to consider the applicant's claims in light of the relevant provisions of the *Migration Act 1958* and associated guidelines, including country information.

The court noted that the applicant had not provided any evidence to support her claims, nor had she responded to the Tribunal's communications or appeared at the hearing. The Tribunal considered the applicant's passport, previous departures and returns, and final departure, along with country information which indicated no adverse profile. The Tribunal found that the applicant's claims were vague and unsupported by evidence, and that there was no evidence of her membership or activity in Australia. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.