1726273 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for a protection visa by a citizen of China. The applicant claimed to have been sexually harassed or assaulted and threatened by a village head in their home country, leading to a fear of persecution. The delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs had refused the protection visa application.

The Tribunal was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically on the grounds of membership of a particular social group or political opinion, arising from the alleged conduct of the village head. This involved assessing the applicant's credibility, the consistency of their claims and evidence, and the impact of the delay in their application for protection and their period as an unlawful non-citizen.

In reaching its decision, the Tribunal found significant inconsistencies in the applicant's account and a lack of credible supporting evidence. The Tribunal noted the substantial delay in lodging the protection visa application and the applicant's status as an unlawful non-citizen for an extended period, which raised concerns about the veracity of the claims. The Tribunal applied the principles of assessing credibility and the evidentiary burden on an applicant for a protection visa, ultimately concluding that the applicant had not discharged this burden.

The Tribunal affirmed the decision under review, meaning the delegate's refusal of the protection visa application was upheld.