2309623 (Refugee)

This matter concerned an application for a protection visa by an individual from China. The applicant claimed to disagree with the Chinese government's policies against Islam, asserted a lack of freedom of speech, and feared arrest if expressing dissenting opinions. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had provided sufficient information and evidence to satisfy the criteria for the grant of a protection visa.

The central legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution for reasons of political opinion or religion, or a real risk of significant harm, as required by sections 36(2)(a) and 36(2)(aa) of the *Migration Act 1958* (Cth). This involved assessing whether the applicant's claims, in light of available country information and the applicant's engagement with the process, demonstrated a real chance of suffering serious or significant harm upon return to China.

The Tribunal reasoned that the applicant's claims were brief and unsubstantiated. The applicant had not taken the opportunity to attend a hearing to elaborate on their claims or provide further written details to the Department, which the Tribunal considered a vital mechanism for testing credibility and satisfying substantive claims. In the absence of sufficient evidence and engagement, the Tribunal was not satisfied that the applicant had demonstrated support of Islam that would subject them to a real chance of serious or significant harm, nor that any opposition by Chinese authorities towards Islam created such a risk for the applicant. Furthermore, the Tribunal was not satisfied that the applicant had expressed or intended to express views that would lead to adverse treatment, or that limitations on free speech in China posed a real risk of harm to the applicant.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that the applicant did not satisfy any of the criteria under section 36(2) of the *Migration Act 1958*.