CAT/C/51/D/434/2010
from detention, did not indicate the location of the detention centre, or provide any other
pertinent information relating to his claim. In the assessment, it noted that country
information states that the availability of fraudulent documents in China, including
summonses, is widespread and therefore did not consider weight should be given to those
documents.
4.21 The State party reiterates that the decision not to grant the complainant a protection
visa has been properly determined according to Australian law. It notes that the domestic
legal system in the State party offers a robust process of merits and judicial review, as well
as avenues for administrative appeal. It reiterates that the Tribunal affirmed the conclusions
of the initial decision maker that the claims of the main complainant lacked credibility. He
had access to and sought judicial review of the decision of the Tribunal. His eight
subsequent requests for ministerial intervention, in which he advanced various arguments in
support of his claim to remain in the State party, have been carefully considered. In
addition, the State party notes that the Department of Immigration and Citizenship initiated
a further request for ministerial intervention of its own accord upon receiving the
communication, in order to consider the new claims advanced on behalf of the
complainant’s wife.
4.22 The State party submits that in this case, no significant error or abuse of process is
revealed that would warrant the Committee issuing a different decision to that which has
been duly reached.
4.23 It maintains that the complainant’s claims and evidence have been considered in
good faith and found not to enliven the State party’s obligations under the Convention, the
Convention on the Status of Refugees or the International Covenant on Civil and Political
Rights, since it was not accepted that he practised Christianity while in China. In addition,
even if the complainant were a committed Christian, as a general follower he could practise
his faith with relative freedom within China. The State party reiterates that at the domestic
level the main complainant has been inconsistent with regard to his evidence about his
activism in the Christian underground church in China. If his claims to be a member of a
church are accepted, then it is likely that his primary role involved the provision of a
communal space to facilitate church gatherings. Moreover, he has not provided any further
evidence of his membership or role in his church in Fujian province.
4.24 Furthermore, the State party notes that the Refugee Review Tribunal also considered
independent country information, such as a contemporary report on international religious
freedom by the Department of State of the United States of America, which observed that
“perhaps 2.5 per cent [of the population] worships in Protestant house churches that are
independent of government control”.10 The Tribunal acknowledged that there were many
instances where the Chinese authorities required registration or State sanction of religious
organizations. However, in respect of Fujian province, the Tribunal noted that “the official
religious policy is applied relatively liberally in Fujian although there have been occasional
crackdowns on house churches and “underground” Catholics”. Moreover, although the
complainants submitted a country report from Amnesty International that notes incidences
of torture taking place in China as a result of membership of certain religious organizations,
the State party submits that the information provided in this report is limited and
generalized and does not provide evidence of a foreseeable, real and personal risk of the
authors being subjected to torture.
10
United States Department of State, International Religious Freedom Report 2005, available
from http://www.state.gov/j/drl/rls/irf/2005/51509.htm.
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