CHO16 v Minister for Immigration

CHO16 (the applicant) sought judicial review of a decision by the Minister for Immigration (the respondent) to refuse to grant a protection visa. The applicant, who is of Vietnamese nationality, claimed to fear persecution in Vietnam due to their alleged involvement with a religious group that was critical of the Vietnamese government. The application was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically for their membership in a particular social group. This required the court to assess the applicant's credibility and the objective reasonableness of their claimed fear, considering the evidence presented by both the applicant and the respondent. The court also had to determine if the alleged persecution, if established, was for a Convention reason as defined by the Migration Act 1958 (Cth).

Judge Jarrett found that the applicant's evidence was not credible and that there was insufficient objective material to support the claim of a well-founded fear of persecution. The court applied the principles established in cases such as *Minister for Immigration and Ethnic Affairs v Teoh* and *Applicant S20/2002 v Minister for Immigration and Multicultural Affairs*, which require a claimant to demonstrate a real chance of persecution, not merely a possibility. The court concluded that the applicant had failed to discharge the onus of proof required to establish eligibility for a protection visa.

The application for judicial review was dismissed.