1703515 (Refugee)

The applicant, a citizen of Japan, sought review of a decision by the Refugee Tribunal which affirmed the refusal of a protection visa. The applicant claimed to fear discrimination in Japan due to her previous marriage to an African-born man and her mixed-race children, alleging this would lead to significant harm.

The primary legal issue before the court was whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically on the grounds of membership of a particular social group, and whether the feared harm reached the threshold of 'significant harm' as contemplated by the *Migration Act 1958* (Cth). The court also considered the impact of any delay in the applicant seeking protection.

The court affirmed the Tribunal's decision, finding that the applicant had not demonstrated a well-founded fear of persecution. The court reasoned that while the applicant might experience some social stigma or discrimination, this did not rise to the level of persecution. The court applied the principles established in refugee law concerning the assessment of fear and harm, noting that mere discrimination or social disadvantage is generally insufficient to warrant protection unless it is severe and systemic. The court also considered that the applicant's delay in seeking protection was a relevant factor in assessing the credibility of her claims.

The Tribunal's decision to affirm the refusal of the protection visa was affirmed.