1600617 (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 have suffered serious physical, verbal, and emotional abuse from her former partner, alleging this constituted persecution for a Convention reason. The Administrative Appeals Tribunal affirmed the delegate's decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically on the basis of membership of a particular social group, namely women who have experienced domestic violence. This required the Tribunal to assess the applicant's credibility and the consistency of her evidence regarding the alleged abuse.

The Tribunal found that the applicant's evidence was inconsistent and lacked sufficient detail to establish a well-founded fear of persecution. While acknowledging the seriousness of domestic violence, the Tribunal concluded that the applicant had not discharged her onus of proof to demonstrate that she met the criteria for a protection visa. The Tribunal therefore affirmed the delegate's decision.