1725383 (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 persecution based on their religious beliefs as a follower of I-Kuan-Tao and also alleged that they would be subjected to an arranged marriage. The applicant's partner had lodged a previous application for a protection visa which was refused, and the applicant had delayed lodging their own application. The applicant's child suffered from a significant medical condition. The delegate had raised credibility concerns regarding the applicant's claims.

The Administrative Appeals Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason, specifically religion, or whether they would be subjected to harm amounting to persecution due to an arranged marriage. The Tribunal also had to consider the impact of the delay in lodging the application and the applicant's credibility in assessing the claims.

In reaching its decision, the Tribunal considered the evidence presented by the applicant regarding their religious beliefs and practices, and the potential consequences of these in China. The Tribunal also examined the evidence relating to the alleged threat of an arranged marriage. Crucially, the Tribunal assessed the applicant's credibility, taking into account inconsistencies and the unexplained delay in seeking protection. The Tribunal applied the principles established in refugee law concerning the assessment of fear of persecution and the evaluation of credibility, particularly in light of the applicant's circumstances.

The Tribunal affirmed the decision under review, finding that the applicant had not established a well-founded fear of persecution for a Convention reason, nor had they demonstrated that they would suffer harm amounting to persecution.