1503432 (Refugee)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to refuse the applicant, a citizen of the People's Republic of China, a Protection visa under s.65 of the *Migration Act 1958* (Cth). The applicant claimed she was detained and assaulted by a multilevel marketing organisation, and subsequently feared persecution if returned to China, particularly due to alleged harassment of her family by a deputy mayor. The delegate had refused the visa, finding the applicant's claims lacked credibility due to numerous inconsistencies and a lack of detail.

The Refugee Review Tribunal was required to determine whether the applicant met the criteria for a protection visa under s.36(2)(a) or s.36(2)(aa) of the Act. This involved assessing the applicant's claims for protection, considering the credibility of her evidence, and determining if she had a well-founded fear of persecution for a Convention reason. The Tribunal also had to consider the country of reference, which was identified as the People's Republic of China, and whether any third country protection was available.

The Tribunal affirmed the delegate's decision, finding that the applicant had not satisfied the statutory requirements for a protection visa. The Tribunal noted that while asylum seekers are generally afforded the benefit of the doubt when credible but unable to substantiate all claims, the applicant's case presented significant credibility issues. These included inconsistencies between her written application and oral interview regarding the circumstances of her alleged detention and assault, and a subsequent claim of no physical harm despite earlier assertions of being beaten. The Tribunal found that the applicant's responses to clarifying these major inconsistencies were vague and evasive, leading to the conclusion that she was not a witness of truth and her claims were not accepted as genuine or credible. The Tribunal also noted that no further evidence or submissions had been provided to support the applicant's claims during the review process.