1513665 (Refugee)

The applicant, a citizen of Egypt, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to fear persecution in Egypt due to his religious beliefs as a Jehovah's Witness, alleging that he faced threats and violence from Islamic extremist groups and a lack of protection from the Egyptian state.

The primary legal issue before the court was whether the applicant had established that he would be a person to whom the Minister was under a non-refoulement obligation, within the meaning of section 36(2)(a) of the *Migration Act 1958* (Cth). This required the court to determine if the applicant had a well-founded fear of persecution for reasons of his membership of a particular social group (Jehovah's Witnesses) and whether the Egyptian state was unable or unwilling to protect him from such persecution.

The court considered the evidence presented, including the applicant's testimony and country information regarding the treatment of religious minorities in Egypt. The court found the applicant to be a credible witness and accepted his account of the threats and harassment he had experienced. It also considered the evidence of the activities of Islamic extremist groups and the capacity and willingness of the Egyptian state to provide protection. The court applied the principles established in refugee law concerning the assessment of fear, persecution, and the availability of state protection, including the standard of proof required.

The court found that the applicant had established a well-founded fear of persecution for reasons of his religion and that the Egyptian state was unable or unwilling to offer protection. Accordingly, the court set aside the Minister's decision and remitted the application to the Minister for reconsideration according to law.