2209959 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the refusal of a protection visa. The applicant had previously been granted a protection visa, but had subsequently departed Australia and then sought to re-enter. The delegate of the Minister had affirmed the refusal of the protection visa application made upon re-entry.

The primary legal issue before the court was whether the applicant continued to hold a well-founded fear of persecution for a reason specified in section 5 of the *Migration Act 1958* (Cth) upon their return to China, notwithstanding their prior departure from Australia and subsequent attempt to re-enter. This involved considering whether the circumstances that originally entitled the applicant to protection had ceased to exist or had changed such that the applicant no longer held a well-founded fear.

The court considered the evidence presented by the applicant regarding their reasons for leaving Australia and their fear of returning to China. It applied the principles established in refugee law concerning the assessment of well-founded fear, including the objective and subjective elements. The court found that the applicant had not established that they continued to hold a well-founded fear of persecution for a Convention reason upon their return to China, and that the circumstances had not changed in a way that would warrant the grant of a protection visa.

The application for review was dismissed.