1732703 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse to grant the applicant, a citizen of Zambia, a protection visa. The applicant arrived in Australia in April 2007 on a student visa and remained in Australia unlawfully from April 2010 until she applied for the protection visa in October 2016. The applicant claimed she feared harm on return to Zambia due to past sexual violence, threats from political party members, association with a gay rights movement, and general risks faced by women returnees from Western countries.

The court was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically political opinion, membership of a particular social group, or being a woman at risk. This involved assessing the credibility of the applicant's claims in light of her migration history and the evidence presented. The court also considered the relevance of Ministerial Direction No. 84 and the Refugee Law Guidelines.

The court affirmed the delegate's decision, finding that the applicant's considerable delay in seeking protection cast doubt on the credibility of her claims regarding events that occurred prior to her departure from Zambia in 2007. The court noted that under s.423A of the Migration Act 1958, an adverse inference may be drawn if new claims or evidence are not reasonably explained. While the court accepted the applicant's identity and nationality, it found that the protracted period of unlawful status in Australia undermined the genuineness of her asserted fears. The court concluded that the decision under review should be affirmed.