1714037 (Refugee)

The applicant, a citizen of Brazil, 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 Brazil due to their political opinion as a member of the Partido dos Trabalhadores (Workers Party) and their membership in a particular social group, namely homeless people. The applicant alleged they had been subjected to robbery and physical attacks, and feared being killed. The applicant also raised concerns about their ability to access accommodation, employment, and health services upon return to Brazil.

The Administrative Appeals Tribunal was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically political opinion or membership of a particular social group, should they be returned to Brazil. The Tribunal also had to consider whether any such fear was of a kind that engaged Australia's non-refoulement obligations under the *Migration Act 1958* (Cth).

In its reasoning, the Tribunal considered the applicant's claims regarding their political affiliation and experiences as a homeless person. The Tribunal assessed the evidence presented, including the applicant's account of past events and their fears for the future. The Tribunal applied the principles established in refugee law concerning the assessment of claims for protection, including the objective and subjective elements of a well-founded fear of persecution. The Tribunal found that the applicant had not established a well-founded fear of persecution for a Convention reason. The Tribunal also considered the applicant's referral for Ministerial Intervention, noting that this process was separate from the Tribunal's review.

The Tribunal affirmed the decision under review, meaning the Minister's refusal to grant the protection visa was upheld.