2307602 (Refugee)

The applicant, a citizen of Kenya, sought review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to fear persecution in Kenya due to his political opinions, his membership of a minority ethnic group, experiences of bullying at school, economic hardship, and mental health issues. Further, the applicant alleged he was under criminal investigation for his social media activity.

The Administrative Appeals Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason, namely political opinion, ethnicity, or membership of a particular social group. The Tribunal also had to consider whether any fear was well-founded, having regard to the applicant's credibility, the objective country information regarding Kenya, and the applicant's criminal convictions and period of immigration detention.

The Tribunal found the applicant to be an honest witness, but concluded that his claims were vague, unsupported by evidence, and ultimately unpersuasive. While acknowledging the general country information regarding political corruption and ethnic tensions in Kenya, the Tribunal found that the applicant had not demonstrated that these general conditions would place him at a real chance of persecution for a Convention reason. The Tribunal also noted the significant delay in the applicant's protection visa application and the impact of his criminal convictions and detention on his credibility and the assessment of his claims.

The Tribunal affirmed the decision under review, finding that the applicant had not established a well-founded fear of persecution.