1705697 (Refugee)

The applicant, a citizen of Malaysia, 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 harm from criminal gangs, specifically loan sharks, due to their financial vulnerability and past involvement with such groups. The primary dispute concerned whether the applicant's fear of harm from loan sharks constituted a well-founded fear of persecution based on membership of a particular social group, as defined by the *Migration Act 1958* (Cth).

The Federal Circuit Court was required to determine whether the applicant was a member of a particular social group for the purposes of the *Migration Act*, and if so, whether they held a well-founded fear of persecution for that reason. This involved assessing the applicant's credibility, the objective circumstances in Malaysia regarding loan shark activity and the state's capacity to protect victims, and whether the applicant's claimed vulnerability placed them within a recognisable social group.

The Court considered the definition of a "particular social group" as established in case law, focusing on whether the group was defined by a common characteristic that the members could not change or should not be required to change. The Court found that while financial vulnerability and past dealings with loan sharks might describe a situation, it did not sufficiently define a cohesive social group with a shared characteristic that distinguished them from the general population in a way recognised by the Convention. Furthermore, the Court found significant credibility issues with the applicant's account, which undermined their claims of a well-founded fear of harm. The Court concluded that the applicant had not established membership of a particular social group or a well-founded fear of persecution.

The decision under review was affirmed.