2204742 (Refugee)

This matter concerned an application for review of a decision to affirm a protection visa refusal. The applicant, a Chinese citizen, sought review of the decision that she did not meet the criteria for a protection visa, nor was she entitled to complementary protection. The applicant had been involved in Yi Guan Do (also known as Tian Dao) activities in Sydney since 2015.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa, and if not, whether she qualified for complementary protection. This required the court to assess the applicant's claims of potential harm or persecution should she be returned to China, particularly in relation to her religious activities.

The court considered the evidence presented, including various documents such as passports, birth certificates, Tian Dao membership cards, photographs of religious services, and letters of support from fellow members and a Buddhist temple. The court noted discrepancies between the applicant's statements to the delegate and her evidence at the hearing regarding her relationship with her former partner, but found these discrepancies did not impact the core assessment of her protection claims. The court's reasoning focused on whether the applicant had established a well-founded fear of persecution or a real risk of significant harm, considering the specific circumstances of her involvement with Yi Guan Do.

The court affirmed the decision under review, finding that the applicant had not met the criteria for a protection visa or complementary protection.