2017116 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Minister for Immigration and Border Protection to refuse to grant a protection visa. The applicant claimed to have suffered persecution due to their leadership role in a petition against the forced expropriation of land, which allegedly led to detention and harm. The decision under review was made by the delegate of the Minister.

The primary legal issue before the court was whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically political opinion, as required for the grant of a protection visa under the *Migration Act 1958* (Cth). This required the court to assess the applicant's credibility and the objective reasonableness of their fear, considering the evidence presented.

The court found that the applicant was not a credible witness, noting the absence of verifiable medical evidence to support their claims of detention and harm. The court concluded that the applicant's claims appeared to have been fabricated to achieve a migration outcome. Consequently, the court was not satisfied that the applicant had a well-founded fear of persecution. The decision under review was affirmed.