Australia Refugee Review Tribunal RRT Reference: N 93/01843

RRT Case No. N 93/01843 [1994] RRTA 1419 (7 July 1994)

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Australia Refugee Review Tribunal RRT Reference: N 93/01843

Australia Refugee Review Tribunal
RRT Case No. N 93/01843 [1994] RRTA 1419 (7 July 1994)

Facts

The anonymous applicant (defendant) arrived in Australia from the Peoples Republic of China and applied for religious asylum. The Australian government (plaintiff) opposed this application. The applicant asserted that after he was caught in middle school with a religious leaflet, he was detained and exiled to a commune in the rural areas of the country for two years. In 1982, the applicant’s uncle set up an underground church, and the applicant testified that he was a leader in the church. However, the Chinese government’s policy only allowed worship in government-sanctioned churches. The applicant claimed that if the authorities found out that the applicant was in an underground church, he would be treated as a political dissident. The applicant also testified that after the Tiananmen Square Massacre in June 1989, the Chinese government began arresting pro-democracy leaders and Christians like him. The applicant testified that he was detained for 12 days in September 1989 and that he curtailed his religious practice until he left in June 1992. The applicant claimed that he will face persecution if he returns to China because he intends to practice his Christianity and that the authorities will target him because of his affiliation with the underground church.

Rule of Law

Issue

Holding and Reasoning (Fong, J.)

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