1505644 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to fear persecution in China due to their Christian faith and membership in a particular social group, specifically as the child of a murdered father and a victim of land expropriation by their extended family. The delegate of the Minister had found the applicant's claims not to be credible and affirmed the refusal.

The Administrative Appeals Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason, namely race, religion, nationality, membership of a particular social group, or political opinion. Specifically, the Tribunal had to assess the applicant's claims regarding persecution based on their religion and their asserted membership in a particular social group, considering the alleged fear of harm from their extended family and the circumstances of their father's death and land expropriation. The Tribunal also had to consider the impact of any credibility issues and the delay in lodging the protection visa application.

The Tribunal found that the applicant's claims were not credible. It noted inconsistencies in the applicant's account and a lack of corroborating evidence. The Tribunal concluded that the applicant had not established a well-founded fear of persecution for any Convention reason. The Tribunal affirmed the delegate's decision to refuse the protection visa.