ATR15 v MIBP

The Administrative Appeals Tribunal (AAT) heard the matter of ATR15 v Minister for Immigration, Border Protection and Citizenship. The applicant, ATR15, sought review of the Minister's decision to refuse to grant a protection visa. The core of the dispute concerned whether ATR15 held a genuine fear of persecution should they be returned to their country of origin.

The Tribunal was required to determine whether ATR15 would be a person to whom the Minister was liable to grant a protection visa under s 36(2)(b) of the *Migration Act 1958* (Cth). This involved assessing whether ATR15 had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether any such persecution would be persecution by the Australian Government or would be persecution that Australia would be unable to prevent.

In reaching its decision, the Tribunal considered the evidence presented by ATR15 regarding the alleged persecution in their home country. The Tribunal applied the principles established in *Chan v Minister for Immigration and Ethnic Affairs* and *Applicant S20/2002 v Minister for Immigration and Multicultural Affairs*, which require an assessment of the real chance of persecution, considering the subjective fear of the applicant and the objective circumstances in their country of origin. The Tribunal found that the evidence did not establish a well-founded fear of persecution that would engage Australia's non-refoulement obligations.

The Tribunal affirmed the decision of the Minister to refuse to grant the protection visa.