1604355 (Refugee)

The applicant, a white Afrikaner and conservative Christian from South Africa, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse his application for a protection visa. The applicant claimed he would face persecution in South Africa due to his race and religion, and that he had provided testimony against criminal gangs, leading to a fear of being killed. He also raised concerns about potential sexual violence and argued that affirmative action legislation in South Africa constituted legislative discrimination against white males.

The Federal Circuit and Family Court of Australia was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, namely race or membership of a particular social group. Specifically, the court had to consider whether "security professionals in South Africa" constituted a particular social group, and whether the applicant's identity as a white Afrikaner and conservative Christian placed him within a group at risk of persecution. The court also needed to assess whether the protection available in South Africa, including from the police and his employer, was effective to protect him from the claimed harms.

The court affirmed the decision under review, finding that the applicant had not established a well-founded fear of persecution for a Convention reason. While acknowledging the applicant's stated fears, the court found that the evidence did not support the conclusion that he would be persecuted based on his race or religion. The court considered the applicant's continued employment and return visit to South Africa as indicators of the availability of effective protection. Furthermore, the court did not accept that the affirmative action legislation amounted to persecution. The court concluded that the applicant had not demonstrated that he would be unable to obtain protection from the South African authorities or that such protection would be ineffective.