1803972 (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 persecution based on an imputed political opinion, alleging that he had been tortured in custody after making a complaint about police corruption. He also argued that he would face harm if he were to relocate internally within China.

The Administrative Appeals Tribunal was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically an imputed political opinion, should he be returned to China. The Tribunal also had to consider whether internal relocation would be a reasonable and available option for the applicant to avoid persecution.

In its reasoning, the Tribunal found that the applicant's complaint about police corruption did not, in itself, establish an imputed political opinion that would attract persecution. While acknowledging the applicant's allegations of torture, the Tribunal concluded that these events were not sufficiently linked to a Convention reason. Furthermore, the Tribunal determined that internal relocation to another province in China would be a reasonable and available option for the applicant to avoid any potential harm, as there was no evidence to suggest that the alleged persecution was widespread or that he would be targeted in other regions.

The Tribunal affirmed the decision under review, meaning the Minister's refusal to grant the protection visa was upheld.