2112411 (Refugee)

The Administrative Appeals Tribunal reviewed a decision to refuse protection visas to the applicants, who were Chinese nationals. The primary applicant claimed to have been persecuted for her religious beliefs as a member of an underground house church, specifically the Church of Almighty God (COAG), and for engaging in evangelistic activities. She asserted that returning to China would expose her to imprisonment and severe harm due to her Christian faith.

The legal issues before the Tribunal were whether the applicants met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, as refugees with a well-founded fear of persecution, or under section 36(2)(aa) for complementary protection due to a real risk of significant harm upon removal from Australia. This involved assessing the credibility of the applicant's claims, the nature of the persecution feared, and the availability of effective protection in China.

The Tribunal considered the applicant's Statement of Claim, which detailed various incidents of alleged persecution, including police reports, escapes from authorities during evangelistic activities, and monitoring of her family. It also took into account country information and relevant guidelines. However, the Tribunal found that the applicant's claims lacked sufficient detail and that she had not been detained or interviewed by Chinese authorities. The Tribunal affirmed the delegate's decision not to grant the protection visas.

Consequently, the Tribunal affirmed the decision not to grant the applicants protection visas.