1508759 (Refugee)

This matter concerned an application for a protection visa by a former member of the Mungiki gang in Kenya. The applicant, who is of Kikuyu ethnicity, claimed he feared harm from the Mungiki gang upon his return to Kenya due to his abandonment of the group and the potential discovery of funds he had siphoned from them. He also raised concerns about potential arrest and torture by Kenyan authorities and ethnic-based violence. The Administrative Appeals Tribunal reviewed the decision under consideration.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for a Convention reason, specifically political opinion or race, and whether he could be protected by the Kenyan state or relocate internally to avoid harm. The Tribunal was required to consider the applicant's past involvement with the Mungiki gang, including his leadership role and participation in violent activities, as well as his ethnicity and the general country conditions in Kenya.

The Tribunal found that while the applicant had been involved in serious criminal activity as a member and leader of the Mungiki gang, his fear of harm from the gang was not based on a Convention reason. His departure from the gang was motivated by personal gain and a desire to pursue education, rather than a genuine political opinion or ethnic persecution. The Tribunal also considered the evidence regarding state protection and internal relocation, concluding that the applicant had not established a well-founded fear of persecution that would entitle him to a protection visa. Consequently, the Tribunal affirmed the decision under review.