2219303 (Refugee)

The Federal Circuit Court considered the case of an applicant seeking a protection visa, who is a member of the Church of Almighty God from China. The applicant claimed to fear persecution upon return to China due to their religious beliefs and activities. The court was tasked with determining whether Australia owed protection obligations to the applicant.

The central legal issue before the court was whether the applicant had a well-founded fear of persecution for reasons of their membership in the Church of Almighty God, such that Australia would have protection obligations under the relevant legislation. This involved assessing the credibility of the applicant's claims, the nature and extent of state oversight and persecution of religious groups in China, and whether internal relocation would be a viable option for the applicant to avoid such persecution.

The court reasoned that the applicant's fear of persecution was well-founded. It considered evidence detailing the Chinese government's state oversight of religion and its persecution of groups that do not conform to official policies, including crackdowns on house churches, removal of religious symbols, confiscation of property, and the arrest and detention of religious leaders and members. The court noted the applicant's specific claims, including being warned by neighbours about potential reporting to authorities, the arrest of their partner, and the confiscation of their computer with a warning about their faith. The court also considered the applicant's understanding of the Church of Almighty God's teachings and activities, their internal relocation within China through a church network, and their social media activity in Australia. Given the evidence of systematic persecution and the applicant's specific circumstances, the court concluded that the applicant's fear of arrest and detention due to their religious beliefs was credible and that internal relocation would not adequately mitigate this risk.

Consequently, the court remitted the decision for reconsideration, indicating that the applicant's claim for a protection visa should be re-evaluated based on the findings regarding their well-founded fear of persecution.