He v Minister for Immigration

He (the applicant) sought judicial review of a decision by the Minister for Immigration (the respondent) to refuse to grant him a protection visa. The applicant, who is a citizen of Vietnam, claimed to fear persecution in his home country due to his involvement in a political organisation that opposed 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 reason specified in section 5H(1) of the *Migration Act 1958* (Cth). This involved assessing the credibility of the applicant's claims regarding his political activities and the potential for adverse attention from Vietnamese authorities. The court also considered whether the applicant had demonstrated that he would be unable to obtain protection from the Vietnamese government.

Judge Manousaridis found that the applicant's evidence regarding his political activities was not sufficiently credible or detailed to establish a well-founded fear of persecution. The court noted inconsistencies in the applicant's account and a lack of corroborating evidence. Consequently, the court determined that the applicant had not met the threshold for protection under the *Migration Act*. The application for judicial review was dismissed.