2111815 (Refugee)

The applicant, a Chinese national, sought a protection visa in Australia, claiming persecution due to her Christian faith. The dispute centred on whether she met the criteria for a protection visa, either as a refugee or under complementary protection provisions. The matter was before the Tribunal for review.

The Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of religion, as defined by the Migration Act 1958, or if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, she faced a real risk of suffering significant harm. This involved assessing the credibility of her claims against available country information and the legislative definitions of persecution and significant harm.

The Tribunal considered the applicant's oral evidence, which contradicted some details in her application. It noted that while the applicant claimed persecution for her Christian faith, including alleged torture and the risk of imprisonment, the evidence presented did not establish a well-founded fear of persecution or a real risk of significant harm. The Tribunal applied the principles outlined in Ministerial Direction No. 84 and the relevant sections of the Migration Act, including the definitions of refugee, well-founded fear, significant harm, and effective protection measures. Ultimately, the Tribunal found that the applicant had not demonstrated that she would face persecution or significant harm upon return to China, nor that effective protection measures would be unavailable.

The Tribunal affirmed the decision not to grant the applicant a protection visa.