1513818 (Refugee)

The applicant, a citizen of Egypt, sought review of the Refugee Tribunal’s decision to refuse to grant a protection visa. The applicant claimed to fear persecution in Egypt due to his adherence to the Jehovah's Witnesses faith, alleging he was a victim of selective harassment from his religion. The matter came before 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 reasons of membership of a particular social group, as defined by Article 1A(2) of the Refugee Convention. This required the Court to consider whether the applicant's fear of selective harassment from his religion constituted persecution, and if so, whether that persecution was on account of his membership in a particular social group.

In her reasoning, Judge Symons considered the evidence presented regarding the treatment of Jehovah's Witnesses in Egypt and the nature of the harassment the applicant claimed to have experienced. The Court applied the principles established in relevant case law concerning the definition of a "particular social group" and the assessment of a well-founded fear of persecution. The Court ultimately found that the applicant had not demonstrated that he would face persecution for reasons of membership in a particular social group, nor that the alleged harassment amounted to persecution under the Convention.

The application for review was dismissed.