2013029 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for a protection visa by a citizen of China. The applicant claimed to fear persecution due to his family being harassed by a local developer who was allegedly colluding with the police. This harassment included the father's arrest. The applicant contended that this constituted a real chance of serious harm if he were to return to China.

The primary legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically for reasons of political opinion or membership of a particular social group. The Tribunal was required to assess the credibility and specificity of the applicant's claims and the evidence provided to support them, particularly concerning the alleged collusion between the developer and the police, and the basis for the father's arrest.

Dr Harkess, the Tribunal member, found the applicant's claims to be vague and lacking in sufficient detail and corroboration. The Tribunal was not satisfied that the alleged actions of the developer and police amounted to persecution for a Convention reason, nor that there was a real chance of serious harm. The Tribunal affirmed the decision under review, meaning the protection visa application was not granted.