1715289 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant claimed to be a member of an underground Christian church and alleged that his mother had been detained and assaulted, and that he had been threatened. The application for review was made after the applicant's previous visa was cancelled and he had been an unlawful non-citizen for a period.

The primary legal issues before the court were whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically his religion, and whether the Minister's decision was affected by error. This involved assessing the applicant's credibility, particularly in light of significant differences between the claims and evidence presented at the hearing compared to earlier statements, and the delay in lodging the protection visa application. The court also considered the relevance and weight of country information concerning religious freedom in China.

The court found that the applicant had not discharged his responsibility to specify the particulars of his claims and provide sufficient evidence to substantiate them. While the applicant presented new claims at the hearing regarding the compulsory acquisition of his grandfather's land, harassment and physical attack on his grandfather, and the inaction of the police, these were not supported by corroborating evidence. The court noted that the applicant's evidence regarding his mother's detention and assault, and his own threats, was inconsistent and lacked credibility, especially given the significant delay in applying for protection. The court affirmed the decision under review.