1701799 (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 alleged that they feared persecution due to imputed political opinion, stemming from complaints made against their employer and a district official, which allegedly led to their beating and the second applicant's miscarriage. The applicant also claimed a fear of persecution based on their conversion to Christianity in Australia.

The Administrative Appeals Tribunal was required to determine whether the applicant had established a well-founded fear of persecution for reasons of imputed political opinion or religion. This involved assessing the applicant's credibility, considering inconsistencies in their evidence, and evaluating the significance of any delay in their application for protection. The Tribunal also had to consider whether the applicant's attendance at church services was a genuine expression of religious belief or an attempt to strengthen their claim for protection.

The Tribunal found that the applicant's evidence was not credible, noting significant inconsistencies and a lack of corroboration. It concluded that the applicant had not established a well-founded fear of persecution on the grounds of imputed political opinion or religion. The Tribunal specifically found that the applicant's claims regarding the beating and miscarriage were not substantiated, and that their religious conversion appeared to be motivated by a desire to improve their immigration prospects rather than genuine religious conviction. The Tribunal affirmed the decision under review.