2109501 (Refugee)

This matter concerned an application for a protection visa by a national of the People's Republic of China. The applicant claimed to be a Christian who could not legally worship in China and would face harm, imprisonment, and inability to find employment if returned due to his religious beliefs and overseas experience. The Administrative Appeals Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reason of his religion.

The Tribunal considered the applicant's claims regarding his Christian faith, any harms suffered prior to leaving China, and anticipated harms upon return. The applicant stated he began attending a house church around 2004, was baptised in 2007, and that this church later moved to a dedicated building. He provided a photograph of the church interior and stated that a priest ministered to the congregation, which had grown to 20-30 people by 2013. The applicant also claimed that he moved to another city to avoid police registration and being forced to abandon his religion.

The Tribunal affirmed the decision under review, concluding that the applicant had not established a well-founded fear of persecution for reason of his religion. While accepting the applicant's nationality and identity, the Tribunal found that the evidence did not support the claim that the applicant would face persecution. The Tribunal noted that the applicant had not provided further information when invited to do so and that the evidence presented regarding his religious practice did not demonstrate a real risk of significant harm as contemplated by the Act.