1715712 (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 in China due to allegations of local police corruption, which had resulted in death and injuries to family members, and a fear of forced sterilisation. The applicant also raised concerns regarding employment and school enrolment for their child.

The Administrative Appeals Tribunal was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically race, political opinion, or membership of a particular social group. The Tribunal also had to consider whether the applicant would be at real risk of serious harm if returned to China, taking into account the alleged corruption and the specific threats made against the applicant and their family.

The Tribunal found that the applicant's claims regarding police corruption and the resulting harm to family members lacked sufficient credibility. While acknowledging the applicant's stated fears, the Tribunal concluded that the evidence presented did not establish a pattern of persecution directed at the applicant based on a Convention reason. The Tribunal applied the principles of assessing claims for protection visas, including the assessment of subjective fear and objective risk, and found that the applicant had not discharged the onus of proving a well-founded fear of persecution.

The Tribunal affirmed the decision under review, meaning the Minister's refusal to grant the protection visa was upheld.