1729885 (Refugee)

The applicant, a citizen of Indonesia, 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 Indonesia due to an inter-caste marriage and the subsequent alleged use of black magic spells or curses by her former husband's family, resulting in unexplained illnesses and a fear of being killed.

The Federal Circuit and Family Court of Australia was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically membership of a particular social group, and whether internal relocation to another part of Indonesia would be unreasonable. The court also considered whether the applicant's fear of harm from her former husband's family constituted persecution.

In its reasoning, the court analysed the concept of a "particular social group" in the context of international refugee law, referencing established jurisprudence. It considered whether the applicant's circumstances, including her inter-caste marriage and the alleged retaliatory actions of her former husband's family, constituted a nexus to a protected ground. The court also assessed the evidence presented regarding the alleged black magic and unexplained illnesses, and the applicant's fear of being killed. Furthermore, the court examined the feasibility and reasonableness of internal relocation, considering factors such as the applicant's ability to access protection and avoid harm within Indonesia.

The court affirmed the decision under review, finding that the applicant had not established a well-founded fear of persecution for a Convention reason, nor that internal relocation would be unreasonable.