1710536 (Refugee)

The applicant, an Egyptian national, sought review of the decision to refuse him a protection visa. The applicant's claims for protection were based on his alleged fear of harm from the Egyptian government and army due to his social media posts critical of the government. He had applied for the protection visa only after his student visa was cancelled and that cancellation was affirmed.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa under section 36(2)(a) or (aa) of the *Migration Act 1958* (Cth). This required determining if the applicant had a well-founded fear of persecution as a refugee, or if there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Egypt, he would suffer significant harm.

The court affirmed the decision not to grant the visa. It found that the applicant's social media activity was of a low-level nature and did not establish a well-founded fear of persecution for reasons of political opinion. Furthermore, the court noted the significant delay in the applicant's claim, which was only made after his student visa was cancelled, and that his protection visa statement did not initially mention his social media activity. The court concluded that the applicant did not satisfy the criteria for a protection visa.