2206319 (Refugee)

This matter concerned an application for a protection visa by a primary applicant and a secondary applicant, heard by Dr Greg Weeks. The primary applicant, a national of China, claimed to fear persecution due to her adherence to Christianity and her refusal to attend state-sanctioned churches, asserting she would not be considered a "convict nor one with a criminal record in China or wanted person" upon departure.

The court was required to determine whether the applicants met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth). Specifically, the court had to consider whether the primary applicant had a well-founded fear of persecution for reasons of religion, as defined by section 5H and 5J of the Act, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal, she would suffer significant harm under section 36(2)(aa).

The court affirmed the decision not to grant the protection visas. It found that the primary applicant did not satisfy the criteria for being a refugee, as she had not demonstrated a well-founded fear of persecution. Consequently, the secondary applicant, as a member of the same family unit, also failed to meet the criteria. The Tribunal concluded that neither applicant could be granted a protection visa.