1729446 (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 harm from a local party secretary who had allegedly occupied the applicant's family's land. The applicant also alleged collusion between the party secretary, the police, and gangsters, leading to an attack on their house and family, and a threat of arrest. The Minister's delegate had refused the visa application.

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 of the *Migration Act 1958* (Cth). This involved assessing the credibility of the applicant's claims regarding the actions of the party secretary, the alleged collusion with authorities and criminal elements, and the risk of harm or detention upon return to China.

The Tribunal noted that the applicant did not appear at the hearing, and the claims presented were undetailed. In the absence of evidence to substantiate the allegations of land occupation, collusion, violence, and threats of arrest, the Tribunal found that the applicant had not established a well-founded fear of persecution. Consequently, the Tribunal affirmed the decision under review.