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1004263 [2010] RRTA  671  (10 August 2010)

Last Updated: 13 August 2010

1004263  [2010] RRTA 671  (10 August 2010)

DECISION RECORD

RRT CASE NUMBER: 1004263

DIAC REFERENCE(S): CLF2009/162071

COUNTRY OF REFERENCE: Jordan

TRIBUNAL MEMBER: R Mathlin

DATE: 10 August 2010

PLACE OF DECISION: Sydney

DECISION: The Tribunal affirms the decision not to grant the applicant a Protection (Class XA) visa.

STATEMENT OF DECISION AND REASONS
APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Citizenship to refuse to grant the applicant a Protection (Class XA) visa under s.65 of the Migration Act 1958 (the Act).
2. The applicant, who claims to be a citizen of Jordan, first arrived in Australia [in] October 2008, and most recently arrived [in] February 2009. He applied to the Department of Immigration and Citizenship (the Department) for a Protection (Class XA) visa [in] December 2009. The delegate decided to refuse to grant the visa [in] April 2010 and notified the applicant of the decision and his review rights by letter [on the same day].
3. The applicant applied to the Tribunal [in] May 2010 for review of the delegate’s decision.
4. The Tribunal finds that the delegate’s decision is an RRT-reviewable decision under s.411(1)(c) of the Act. The Tribunal finds that the applicant has made a valid application for review under s.412 of the Act.

RELEVANT LAW

5. Under s.65(1) a visa may be granted only if the decision maker is satisfied that the prescribed criteria for the visa have been satisfied. In general, the relevant criteria for the grant of a protection visa are those in force when the visa application was lodged although some statutory qualifications enacted since then may also be relevant.
6. Section 36(2)(a) of the Act provides that a criterion for a protection visa is that the applicant for the visa is a non-citizen in Australia to whom the Minister is satisfied Australia has protection obligations under the 1951 Convention Relating to the Status of Refugees as amended by the 1967 Protocol Relating to the Status of Refugees (together, the Refugees Convention, or the Convention).
7. Further criteria for the grant of a Protection (Class XA) visa are set out in Part 866 of Schedule 2 to the Migration Regulations 1994.

Definition of ‘refugee’

8. Australia is a party to the Refugees Convention and generally speaking, has protection obligations to people who are refugees as defined in Article 1 of the Convention. Article 1A(2) relevantly defines a refugee as any person who:

owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it.

9. The High Court has considered this definition in a number of cases, notably Chan Yee Kin v MIEA (1989) 169 CLR 379, Applicant A v MIEA (1997) 190 CLR 225, MIEA v Guo (1997) 191 CLR 559, Chen Shi Hai v MIMA [2000] HCA 19; (2000) 201 CLR 293, MIMA v Haji Ibrahim [2000] HCA 55; (2000) 204 CLR 1, MIMA v Khawar (2002) 210 CLR 1, MIMA v Respondents S152/2003 (2004) 222clr1.html" class="autolink_findacts">222 CLR 1 and Applicant S v MIMA [2004] HCA 25; (2004) 217 CLR 387.
10. Sections 91R and 91S of the Act qualify some aspects of Article 1A(2) for the purposes of the application of the Act and the regulations to a particular person.
11. There are four key elements to the Convention definition. First, an applicant must be outside his or her country.
12. Second, an applicant must fear persecution. Under s.91R(1) of the Act persecution must involve “serious harm” to the applicant (s.91R(1)(b)), and systematic and discriminatory conduct (s.91R(1)(c)). The expression “serious harm” includes, for example, a threat to life or liberty, significant physical harassment or ill-treatment, or significant economic hardship or denial of access to basic services or denial of capacity to earn a livelihood, where such hardship or denial threatens the applicant’s capacity to subsist: s.91R(2) of the Act. The High Court has explained that persecution may be directed against a person as an individual or as a member of a group. The persecution must have an official quality, in the sense that it is official, or officially tolerated or uncontrollable by the authorities of the country of nationality. However, the threat of harm need not be the product of government policy; it may be enough that the government has failed or is unable to protect the applicant from persecution.
13. Further, persecution implies an element of motivation on the part of those who persecute for the infliction of harm. People are persecuted for something perceived about them or attributed to them by their persecutors. However the motivation need not be one of enmity, malignity or other antipathy towards the victim on the part of the persecutor.
14. Third, the persecution which the applicant fears must be for one or more of the reasons enumerated in the Convention definition - race, religion, nationality, membership of a particular social group or political opinion. The phrase “for reasons of” serves to identify the motivation for the infliction of the persecution. The persecution feared need not be solely attributable to a Convention reason. However, persecution for multiple motivations will not satisfy the relevant test unless a Convention reason or reasons constitute at least the essential and significant motivation for the persecution feared: s.91R(1)(a) of the Act.
15. Fourth, an applicant’s fear of persecution for a Convention reason must be a “well-founded” fear. This adds an objective requirement to the requirement that an applicant must in fact hold such a fear. A person has a “well-founded fear” of persecution under the Convention if they have genuine fear founded upon a “real chance” of persecution for a Convention stipulated reason. A fear is well-founded where there is a real substantial basis for it but not if it is merely assumed or based on mere speculation. A “real chance” is one that is not remote or insubstantial or a far-fetched possibility. A person can have a well-founded fear of persecution even though the possibility of the persecution occurring is well below 50 per cent.
16. In addition, an applicant must be unable, or unwilling because of his or her fear, to avail himself or herself of the protection of his or her country or countries of nationality or, if stateless, unable, or unwilling because of his or her fear, to return to his or her country of former habitual residence.
17. Whether an applicant is a person to whom Australia has protection obligations is to be assessed upon the facts as they exist when the decision is made and requires a consideration of the matter in relation to the reasonably foreseeable future.

CLAIMS AND EVIDENCE

18. I have had regard to all material on the Department’s file CLF2009/162071 relating to the applicant, and the Tribunal file, in considering this application.
19. According to information provided in his protection visa application, the applicant was born [date deleted: s.431(2)] and is now in his late twenties. He states that he is a Christian who was born in [location deleted: s.431(2)], Jordan, where he has always resided. He travelled to Australia using a Jordanian passport issued [in] 2004 in his own name. He stated that he had previously travelled to Syria, and to Saudi Arabia in 2007 for the hajj He stated that he completed high school in Jordan then undertook studies in business management; he came to Australia to study. He stated that in Jordan he was employed as a clerical officer at [employer deleted: s.431(2)]. He stated that his father is deceased and his mother and several siblings live in Jordan.
20. The applicant stated that in Jordan he had many Christian friends and he was very interested in learning about their religion. One day a friend gave him a copy of the bible and told him to read Matthew 5. When the applicant read it, he felt very calm. He loved the passage and kept reading it. He also started reading other parts of the bible and discussing them with his friends. He read the bible secretly at home and had discussions with his Christian friends, while living publicly as a Muslim.
21. The applicant asked his friends to take him to church but no one would. He attended as many weddings and baptisms as he could. Finally a friend agreed to take him to church at Christmas, as he felt this might cause fewer problems. Later his friend took him to church again and the applicant spoke to the priest about his interest in Christianity. The priest appeared to be scared. He told the applicant that God loves them both, and sent the applicant home to his family. The applicant was astonished that the priest had told him that God loved him even though he was a Muslim; and also that the priest refused to convert him. He felt that the attitude of a Muslim would have been very different. The applicant found out from his friends that the priest was scared to be involved with him. Even his friends tried to discourage his interest in Christianity out of fear.
22. One of the reasons that the applicant decided to study in the west was to have the freedom to explore religion. When he first arrived in Australia, he lived near [Suburb A] and thought that Christian society was very bad; he decided that the Muslim view of it was accurate. He was disillusioned and returned to Jordan. He began to practise as a devout Muslim.
23. When he returned to Australia he got used to the way of life and absorbed more Christian ideas on the internet. He started to use an internet chat programme called [Website A] where he learned more about true Christianity and true Islam. For the last few months he has been attending a church in [Suburb B] a few times a week. He believes he is now a Christian. The church has set a programme of study for him to become baptised, but he believes Christianity is in the heart, not in the water of baptism. He fears that as a Muslim convert to Christianity he will be persecuted in Jordan.
24. The applicant was interviewed about his application by an officer of the Department [in] March 2010 and a CD rom recording of the interview is on the Department’s file. I have listened to the recording of the interview, at which the applicant provided the following information. He stated that he first became interested in Christianity at the end of 2006 or the beginning of 2007. He started mixing with lots of Christians, and noticed a big difference in their behaviour when he compared them with his Muslim friends and neighbours. He started talking to friends about how they go to church and how their religion treats them. He went to a church and told the priest he was Muslim and had a lot of Christian friends. He asked if he could talk to the priest about Christianity. He was surprised when the priest told him that God loves him. He said that no Muslim would do that. He started thinking about all this and asked his friends a lot of questions about Christianity. Finally one gave him the bible and told him to read Matthew Chapter 6 (sic). He read that passage whenever he could. He did not discuss the bible with his friends because they were scared – they were afraid that the applicant’s family would find out that he was interested in Christianity and would blame his friends. He could not discuss the bible with anyone. He said that when he was reading he could not concentrate because he was afraid that someone would come in, so it was difficult to understand what he was reading. The delegate asked what the applicant could tell him about the bible and he said that there is Luke, Mark, John and Matthew. These are apostles, Mark was first one. When Jesus was crucified, he said Father leave them as they do not know what they are doing.
25. The applicant said that it was impossible to participate in any other Christian activities before he came to Australia; it was a must to go to the mosque and attend Friday prayers. It was impossible to go to church, if they had found out they would have killed him.
26. When he first came to Australia he had a rough time. He wanted to get deeper into Christianity. He lived in [Suburb A], and found people very different from his Christian friends at uni. He went back to Jordan immediately. He was not sure which way was the right way, Islam or Christianity. In Jordan he went to the mosque, he was more committed to Islam. He felt maybe God had given him a difficult path because he had decided to leave Islam. He decided to return to Australia, finish his Master’s degree and go to Mosque. He lived in [Suburb C] and went to [a] mosque. One day he was shocked by an incident involving Sheikh Taj el Din, but he did not know what to do.
27. Someone told him about [Website A]; he started going in and hearing things he had never heard before. He got confused. Everything was different here, both Christians and Muslims. Someone noticed that the applicant had things to say but was afraid, so he took him on a private chat. They started talking, he told the applicant about a lot of things that he did not know. He told the applicant about a guy called [Person A], he told the applicant to go and see this [Person A] in at a church in [Suburb B]. The applicant went to the church in around the 7th or 8th month (of 2009). He did not know the name of the church but they had activities and lessons on Tuesdays and Saturdays, there were other people like the applicant, they would talk about Jesus and the disciples, things like that. He attended the church at approximately the end of the 10th month, or early 11th He did not attend church on Sundays all the time, some days he went and some days he was up all night thinking. The applicant did not know the name of the priest. He said that the services were in English, but the bible classes were in Arabic, there was a Powerpoint presentation, music and a break, when they made tea and coffee.
28. He said that he considers that he became a Christian probably 2 ½ or 3 months before the interview, about the time he completed the protection visa application in which he stated that he was a Christian. He used to talk to [Person A] about baptism, but [Person A] would tell him to wait a while. The applicant started to feel better, he stopped thinking and staying up all night feeling like he was abandoning Allah. He said that the only thing he has not done is baptism.
29. He did not know the denomination of the church in [Suburb B]. He said that his concern is not what denomination they are, but to get the right information, and get to the heart of the issue. Now he has moved. Before, he went to [Suburb B] about once a week, but someone said that it is far, and told him about a church at [Suburb D]. He has not been to this church yet. He is waiting for someone to take him there. He said that he will still try to go to the [Suburb B] church once every one or two weeks, but the idea of the [Suburb D] church is that it is closer for when he is too busy to get to [Suburb B].
30. Asked what he believes in as a Christian, he said that Jesus is the father, the God and the Holy Spirit. Asked for more about his beliefs as a Christian, he said that his feeling is hard to explain, it is different to how anyone else would feel. He feels that he was in darkness but now he has found the light. He feels calm, that he has found the end, that he believes in Christianity.
31. Asked what will happen if he returns to Jordan, he asked “how am I going to attend church? How will I pray? How will I attend feast days? How will I read the bible? If my family finds out they will cause me a lot of problems”.
32. The delegate refused to grant the protection visa because he considered that the applicant had undertaken religious activities in Australia, including his claimed conversion to Christianity, for the purpose of strengthening his claims to be a refugee. The delegate found that, at interview, the applicant displayed little knowledge of Christianity, and “little outward fervour” to explain why he had wanted to become a Christian at that particular point. The delegate considered that the fact that the applicant had not yet been baptised and was not regularly attending church indicated that he was “going through the motions” He found that the fact that the applicant had written that he was a Christian on his protection visa application, yet he had only just begun to attend a Christian church at that time, to indicate that the response was not genuine.
33. The applicant provided no additional written information in support of his application for review.
34. He appeared before the Tribunal at a hearing held [in]August 2010 to give evidence and present arguments. The Tribunal hearing was conducted with the assistance of an interpreter in the Arabic and English languages. The applicant continued to be represented in relation to the review by his registered migration agent, who did not attend the hearing.
35. The applicant presented his passport at the hearing and confirmed that he first arrived in Australia in October 2008; he returned to Jordan, then came back to Australia [in] February 2009. He has remained here since. He stated that his student visa has been cancelled, but did not explain clearly why this was. He said that initially he studied a language course; he was then accepted into two courses, a Masters in Accounting at [University A] and in Electronic Commerce at [University B]. He said that he enrolled and paid his fees, but was unable to continue with his studies because he was emotionally distressed and unable to concentrate.
36. In Jordan he had found Christianity very good, but when he first came to Australia and lived in [Suburb A] everything changed; he then went back to Jordan and decided not to continue with Christianity. When he returned to Australia he had decided not to change his religion, and he was going to study. However, he was shocked by an incident involving the Grand Mufti of Australia; although he said that this did not make him turn completely away from Islam, it made him go back and think about it again. Through all this time he has been unable to concentrate.
37. I asked the applicant what he considers his religion to be at the moment. He said that he is “not with anything” at the moment. He has found that Christianity needs a long time, contrary to Islam. In Islam if someone wants to convert, he only has to say two testimonies. To convert to Christianity you need to know a lot of things about the books of the bible, Genesis, the Old Testaments.
38. I asked if he is attending church. He replied “not all the time” I asked how many times he had attended church between March this year and now. He said that he went to a church in [Suburb D] with a friend twice. He went to church in [Suburb B] about three times. He clarified that he meant that in [Suburb B], over that period, he attended three bible study classes run during the week for people who want to convert. These classes are in Arabic. He said that in addition, [Person A] sends him emails about the differences between Christianity and Islam. When asked how often he receives these emails, he said that there is no particular time.
39. The applicant said that a friend gave him a website called [Website B] where there are discussions between Christians and Muslims, and he goes on there.
40. I asked how often he had attended church in [Suburb B] since March and he said that he does not remember. Nor could he remember in what language the church services are conducted at [Suburb B]. I asked whether he had actually attended any church services at [Suburb B] and he said that he has been once, but he does not remember what language the service was in because he stood at the door and he did not go in.
41. He said that the services at [Suburb D] are in English and I asked whether he could understand them. He said that his English is not very good, but he likes to learn these things. I asked whether he has looked for a church that has services in Arabic and he said that he does not know anyone except [Person A] and he was living close to there ([Suburb B]). He added that he does not sleep well, in fact he has not slept since yesterday afternoon. I asked why and he said that he is in a bad situation, he is not comfortable and he doesn’t concentrate. Asked why, he said that changing religion is the most difficult thing he has done in his life. He feels scared, he is scared for his family to find out. He is worried to go to a church that has Arab people in case there is someone that might know him.
42. I asked why he thought that he wanted to be a Christian rather than a Muslim. He said that first, it is the treatment, the love that he got from his friends in Jordan. When he lived in [Suburb A] he discovered it was the opposite to what he learned in Jordan. Then he went on [Website A]. He found that when Christians asked Muslims to explain things such as the meaning of verses in the Koran, they were unable to do so. He said that Muslims do not deny that there was a prophet, Issa; he has wondered what Muslims were before they became Muslims and concluded that they must have been Christians.
43. I asked what being a Christian means to the applicant. He said that he is searching. There are days when he thinks about Islam. In Christianity they speak about love and compassion; in Islam there is not one thing about love.
44. I asked the applicant whether he would practise as a Christian if he returned to Jordan. He said that he has thought about this and taken lots of information from the Internet. He said that he has thought that if he goes back he can continue life through the Internet, but if he sits with his friends and people start calling Christians pigs or monkeys then he will react. If he goes back his family will force him to pray and fast. They will kill him because it is not acceptable to convert. Also, if he wants to marry, how can he marry in Jordan.
45. I put to the applicant that it seems that he is a long way off committing to Christianity. He agreed and said that if he remains emotionally disturbed, he might need longer.
46. I asked whether he reads the bible himself at home. He said that at bible study classes they set a chapter to read and when he goes home, he reads it. He also studies on the internet and follows the links to chapters of the bible. I asked whether he meant that he had only read the bible at home on the three occasions since March that he has attended bible study classes. After some confusion, the applicant said that he does read the bible at home but he feels that he needs somebody with him. I asked why, in that case, he does not attend study classes more often. He said that he is not emotionally comfortable, he owes sixteen weeks rent and he has no food. Some people came to give him vouchers for groceries. He said that he did not have any problems like this in Jordan, he had a good job that was well paid, and health insurance.
47. He said that he understands why his protection visa application was refused by the delegate. He said that if his aim was just to get the visa, he would have studied more and memorised the whole bible.
48. I asked whether he has been baptised and he said that this is a big difference between Christians and Muslims. [Person A] has told him that it is not necessary for him to be baptised now; you have to understand everything and then be baptised. He needs a long time and he needs concentration. I asked when [Person A] told him this and he said that it was when he used to see him. He said that “they” say it is not an important thing to be baptised.
49. I asked the applicant to tell me some parts of the bible that he finds particularly inspiring. He said that the first thing he read was Matthew Chapter 5, and he still likes that the most. It is about love, forgiveness and compassion. It says “Blessed are the poor, blessed are the hungry”. I asked what other parts of the bible he likes and he said that he opened the bible and he read about wives; he asked [Person A] about this because it was the complete opposite to Islam. In Islam you can have four wives; the Prophet married a nine year old girl. He said that it is a psychological battle inside him.
50. I asked the applicant to confirm that in March 2010 when he was interviewed by the Department he had not yet attended the church in [Suburb D]. He said that it is possible that he had been there once at that time. He does not know the name of that church. I asked the name of the person who took him there. He said that he is an Egyptian from TAFE. He used to live in the applicant’s area but now he has moved to [Suburb B].
51. I explained to the applicant that I had some difficulty accepting that he is a committed Christian who would seek to practise Christianity in Jordan and thereby suffer serious harm. I said that while it may be the case that Christian converts from Islam may face serious problems, in these circumstances I would expect that a convert from Christianity would have an extensive knowledge of Christianity; they would have demonstrated their commitment to Christianity by involvement in Christian activities; and they would be able to explain why they had made the decision to adopt Christianity over Islam, thereby placing themselves at risk of serious harm. I noted that in the case of the applicant, based on what he had told me, it appeared that he is still searching for his religious identity. He has little knowledge of Christianity; he is not able to clearly articulate why he is attracted to Christianity over Islam; he has hardly attended any Christian activities, even in a country where he is free to do so. I told him that in these circumstances, it was difficult to accept that his commitment is such that there is a real chance that he would seek to practise the Christian faith on return to Jordan, and thereby be at risk of harm. I asked the applicant if he understood what I was saying and whether he would like to comment, ask me anything, or tell me that I was wrong.
52. The applicant said that he understood what I was saying and that I was not wrong. He said that nobody knows what is inside him but God. If his aim was just to get a visa he would have attended all the meetings and memorised the bible. However, it is not an easy issue. As long as he lives he will not have to deal with anything as hard as this.
53. The applicant was asked whether he had anything further to add and he said that he did not.

FINDINGS AND REASONS

54. The applicant claims that he is a national of Jordan. Having sighted his passport at the hearing, and in the absence of any information to suggest otherwise, I accept that the applicant is a national of Jordan and that he does not have the right to enter and reside in any other country. Accordingly, his claims to refugee status will be assessed as against Jordan, as his country of nationality.
55. The applicant claims that he is a convert to Christianity who will be persecuted as such in Jordan. He claims that he may even be killed by his family. I accept that converts to Christianity may face serious harm amounting to persecution in Jordan. However, based on the information presented by the applicant, I do not accept that he is, as yet, a committed Christian. His own evidence suggests that he is still grappling with his religious faith, and has a long way to go before he would even consider himself a Christian. In these circumstances, I am not satisfied that there is a real chance that the applicant would seek to practise the Christian faith in Jordan, or engage in activities that may result in his being identified as a Christian and subjected to serious harm amounting to persecution.
56. The applicant’s evidence is that, having been interested in Christianity in Jordan, he came to Australia in October 2008 and was immediately put off by things he observed in Australian society. He returned to Jordan and resolved to remain a Muslim. On returning to Australia in February 2009, and after attending the mosque for some time, he again became disillusioned with Islam and started chatting on religious websites. He went to a church in [Suburb B], where he stated at the hearing he has attended possibly one Sunday church service, but he could not say in which language the service was conducted. He now lives in a different area and claims to have attended a church in that area twice or possibly three times altogether; however, he said that the services are in English, of which he has little understanding. He states that he has attended bible study classes conducted in Arabic at the [Suburb B] church and states that he has attended approximately three classes during the period between March 2010 and early August 2010.
57. It appears from his evidence given at the hearing that much of the applicant’s study of Christianity takes place on the internet. He indicated that he has read the bible at home on the three occasions he has attended the study classes, but says that he has difficulty concentrating and needs to have someone with him when he reads the bible. Nonetheless, he has not sought to attend bible study classes more frequently.
58. When asked which part of the bible he finds most inspiring, he cited the same chapter of Matthew’s gospel that he mentioned in his protection visa application. He was not able to tell me in any detail about other parts of the bible, or provide any significant detail of the contents of the bible, or of his appreciation or understanding of Christianity except to say that he finds the concepts of love, compassion and forgiveness appealing, and different to Islam. He was not able to explain in a meaningful way why he feels that he might prefer Christianity over Islam. In my view, a person who was prepared to risk serious harm in order to turn away from Islam and embrace Christianity could reasonably be expected to provide a detailed explanation of the reasoning behind their decision. While they may not have an extensive or sophisticated knowledge of Christian doctrine, I would expect that they would at least be able to provide a persuasive account of their personal response to the faith, and a greater knowledge than the applicant was able to. In so finding, I note that he is an educated person who could be expected to have a reasonably sophisticated understanding of the Christian religion if he was, in fact, a committed Christian. While the applicant mentioned at the hearing that he is emotionally distressed and has been unable to sleep or concentrate, there is no medical evidence before me to indicate that he has any medical or psychological condition that may have adversely affected his capacity to give evidence and present his claims. He appeared to me to be lucid and rational, and did not seem to be under any disability in giving his evidence.
59. I find that, while the applicant may have a genuine interest in Christianity, his knowledge and understanding of the faith is minimal. His evidence suggests that he reads the bible very little, and has difficulty understanding it without having someone to ask. Yet, his involvement in organised bible study groups has been minimal over the period that he has been in Australia – he stated at the hearing that he had attended only three times between March and August this year. His attendance at church services has been even less frequent – he stated at the hearing that he has attended only three and possibly four services altogether since he has been in Australia. Two (or three) were in English, which he does not understand; and he was unable to state in which language the service at [Suburb B] was conducted. This indicates to me that the applicant did not engage with the content of that service in any meaningful way; nor do I find that he could have engaged in a meaningful way with the services at [Suburb D], given his very limited ability to speak or understand English. I have considered the applicant’s claim that he has not sought out an Arabic speaking church here because he is afraid he may meet someone he knows. This claim appeared to be raised as an afterthought; and I do not consider that it adequately explains the applicant’s manifest lack of action in locating and attending church services in Sydney, given his claim in his protection visa application that part of his reason for coming here was to further explore Christianity. Nor does it explain his infrequent attendance at the bible study classes, which are conducted in Arabic, and where the applicant has not suggested he did not feel safe.
60. The applicant has not been baptised. He says that he has been told that this is not important and that first he must have a deeper understanding of Christianity. However, in view of his minimal involvement in learning about Christianity through any of the means available to him here in Australia, I am not satisfied that the applicant has any real intention of being baptised in the reasonably foreseeable future.
61. The applicant stated at the hearing that at the moment he cannot say that he is “with” any religion and agreed with me when I suggested that it seemed that he had a long way to go before he could say that he was a Christian.
62. While I do not consider that the applicant’s conduct in Australia, in relation to his exploration of the Christian faith, has been engaged in for the purpose of strengthening his claim to refugee status, I do not accept that his conduct demonstrates that the applicant is actually a Christian: that is, a committed member of the Christian faith who would seek to practise that faith in Jordan. Nor, based on his own evidence, am I satisfied that the applicant will become a committed Christian in the reasonably foreseeable future. To the extent that he may wish to further explore Christianity in Jordan, I am not satisfied that the applicant would be unable to do so as a result of any restriction on his religious freedom or because of a well founded fear of persecution. In so finding, I note that while the applicant claimed in the protection visa application that he was unable to easily attend church in Jordan, his evidence at the Tribunal hearing indicates that he has scarcely taken the opportunity to attend church, or bible study classes with any regularity, or to meet and engage with fellow Christians, here in Australia where he has had ample opportunity, and the freedom to do so. Given the applicant’s very limited engagement in Christian activities while he has been in Australia, as discussed at the Tribunal hearing, I do not accept that he would refrain from pursuing Christian activities in Jordan out of fear.
63. On the basis of the applicant’s evidence about his past conduct in Jordan, and his evidence at the hearing that he is able to conduct a lot of his learning and questioning over the Internet, I am satisfied that he could continue to do so safely in Jordan, if he wished to do so. Based on his evidence, I am not satisfied that even if the applicant were forced to participate in Islamic ceremonies and rituals in Jordan, this would constitute serious harm amounting to persecution, including an undue restriction on his freedom of belief, as I am not satisfied that the degree of his commitment to Christianity, or his aversion to Islam, is such that to do so would cause a serious affront to his dignity, or other serious harm amounting to persecution. I note the applicant’s evidence that he might react if he hears people in Jordan insult Christians. I regard this claim as essentially speculative, and find that it raises only a remote and insubstantial possibility of harm flowing to the applicant. In any case, I am not satisfied that, even if the applicant were to speak out in these circumstances, this would result in him being identified as a Christian, or otherwise lead to his persecution.
64. In summary, I am not satisfied that the applicant is currently a Christian. While I accept that he wants to find out more about Christianity, based on his very limited knowledge of Christianity, his extremely limited engagement in Christian based activities here in Australia, and the very evident lack of progress in his learning about Christianity over the period that he has been in Australia, as demonstrated at the Tribunal hearing, I am not satisfied that, in the reasonably foreseeable future, the applicant will commit to Christianity to such an extent that he could be considered a convert to that faith; or that he would seek to practise the Christian faith in Jordan in a manner that might cause him to be identified as a convert and subjected to persecution. I am therefore not satisfied that the applicant has a well founded fear of persecution in Jordan for reason of his religion.

CONCLUSION

65. The Tribunal is not satisfied that the applicant is a person to whom Australia has protection obligations under the Refugees Convention. Therefore the applicant does not satisfy the criterion set out in s.36(2)(a) for a protection visa.

DECISION

66. The Tribunal affirms the decision not to grant the applicant a Protection (Class XA) visa.