1710358 (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 upon return to China due to their involvement as a supporter of a challenger in a village election, alleging that the village head engaged in bribery of supporters and threats against others.

The primary legal issue before the court was whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically political opinion, such that they ought to be granted a protection visa. This required the court to assess the evidence presented by the applicant in support of their claims regarding the village election and the alleged threats.

The court noted that no evidence was provided by the applicant to substantiate their claims about the village election, the alleged bribery, or the threats. Furthermore, the applicant failed to appear at the hearing, offering no explanation for their absence. In the absence of any evidence to support the applicant's assertions, the court found that the applicant had not discharged their onus of proof. Consequently, the court affirmed the decision under review, finding that the applicant had not established a well-founded fear of persecution.