1517016 (Refugee)

This matter concerned an application for a protection visa by a person claiming to be from North Korea. The applicant asserted a fear of torture or killing if returned to North Korea, and also raised concerns about potential employment discrimination in South Korea, where he claimed to have dual nationality. The decision under review was made by the Refugee Review Tribunal, and the applicant sought judicial review of that decision in the Federal Court.

The primary legal issues before the court were whether the applicant was a national of South Korea, and consequently, whether he was barred from making a protection visa application under section 91P of the Migration Act 1958 (Cth). The court also considered the applicant's credibility, particularly in light of inconsistent evidence provided regarding his background and family details, including his father's place of birth, which was argued to be significant for determining dual nationality. The court was required to determine if there was sufficient evidence to support a finding of South Korean nationality and to assess the overall credibility of the applicant's claims.

The Tribunal found that the applicant was not a credible witness, noting significant inconsistencies and changes in his evidence concerning his background, past persecution, and future fears. While acknowledging the Federal Court's previous remittal of the matter due to insufficient evidence regarding nationality, the Tribunal concluded that its own task was not restricted in assessing nationality. The Tribunal considered expert evidence which stated that both North and South Korea apply the principle of *jus sanguinis*, meaning a child acquires citizenship if at least one parent is a citizen. Despite this, the Tribunal was not satisfied with the applicant's evidence regarding his nationality and background details, leading to a cumulative basis for finding him untruthful.

The Tribunal affirmed the decision under review.