1722977 (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 fear harm from his former boss and brother, who allegedly had political connections and colluded with the police. This fear stemmed from a failed investment project, threats from gangsters, and an alleged beating.

The Administrative Appeals Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a reason specified in section 5(1) of the *Migration Act 1958* (Cth), specifically for reasons of political opinion or membership of a particular social group. The Tribunal also had to consider whether the applicant would be entitled to protection under Australia's international non-refoulement obligations.

In its reasoning, the Tribunal found significant inconsistencies in the applicant's evidence regarding the alleged threats and beating. It also considered country information concerning the likelihood of the applicant returning to his home area rather than his work area, and the availability of state protection in China. The Tribunal concluded that the applicant had not established a well-founded fear of persecution and that he would not be entitled to protection. The Tribunal affirmed the Minister's decision.