1620880 (Refugee)

The applicant, a citizen of the Democratic Republic of Congo, 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 the Democratic Republic of Congo due to his ethnicity and imputed political opinion. The Administrative Appeals Tribunal affirmed the Minister's decision.

The primary legal issues before the court were whether the applicant would be a refugee within the meaning of section 5 of the *Migration Act 1958* (Cth) and whether Australia would be under an obligation to protect him. Specifically, the court considered whether the applicant's fear of persecution based on his membership of the Rwandophone ethnic group, and his imputed political opinion stemming from his alleged opposition to and desertion from the M23 rebel group, established a well-founded fear of persecution. The court also examined the significance of the applicant having travelled on a Rwandan passport.

The court reasoned that the applicant's claim of persecution based on his ethnicity was not well-founded, as the evidence did not establish that members of his ethnic group were systematically targeted for persecution in the Democratic Republic of Congo. Furthermore, the court found that the applicant's imputed political opinion was not a genuine basis for persecution, as his alleged opposition to and desertion from the M23 rebels was not substantiated by credible evidence. The court also noted that the applicant's use of a Rwandan passport did not, in itself, place him at risk of persecution. The court applied the principles established in *Chan v Minister for Immigration and Ethnic Affairs* (1989) 169 CLR 379 regarding the assessment of well-founded fear and the definition of a refugee.

The court affirmed the decision of the Administrative Appeals Tribunal.