1713610 (Refugee)

The applicant, a citizen of the Solomon Islands, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant claimed to fear persecution due to extramarital relationships, which had led to demands for compensation and physical assault. The applicant argued that they constituted a particular social group for the purposes of the *Migration Act 1958* (Cth) and that they could not receive effective protection from the authorities in the Solomon Islands. The decision under review was made by the Minister, and the review was heard by Bridget Cullen.

The primary legal issue before the court was whether the applicant's fear of persecution was well-founded, specifically whether the group comprising persons who have had extramarital relationships, and who are subsequently subjected to demands for compensation and physical assault, constituted a "particular social group" within the meaning of the *Migration Act*. A further issue was whether the applicant could demonstrate that they would not receive effective protection from the authorities in the Solomon Islands.

The court affirmed the Minister's decision, finding that the applicant had not established that they belonged to a particular social group as contemplated by the *Migration Act*. The court reasoned that while the applicant had experienced harm, the circumstances did not meet the threshold for membership in a particular social group, which requires a characteristic that is immutable or fundamental to identity, or a characteristic that the group cannot change. Furthermore, the court was not satisfied that the applicant had demonstrated a lack of effective protection from the authorities in the Solomon Islands.