1828428 (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 threats from money lenders, alleging a fear of being killed. The Administrative Appeals Tribunal had affirmed the Minister's decision, and the applicant then sought judicial review of the Tribunal's decision in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Tribunal had erred in law in its assessment of the applicant's claims, particularly concerning whether the applicant belonged to a "particular social group" as defined by the *Migration Act 1958* (Cth) and international refugee law. This involved determining whether the group of individuals targeted by money lenders in Indonesia constituted a particular social group, and if so, whether the applicant held a well-founded fear of persecution based on membership of that group, and whether effective state protection was available.

The Court considered the Tribunal's findings that while the applicant may have faced threats from money lenders, these threats did not arise from membership in a particular social group. The Tribunal had concluded that the threats were primarily related to the applicant's personal financial circumstances and debts, rather than a characteristic that defined a distinct social group. Furthermore, the Tribunal had found that even if such a group existed, the applicant had not demonstrated a well-founded fear of persecution, and that Indonesian state authorities were capable of providing protection. The Court affirmed the Tribunal's reasoning, finding no error of law in its assessment of the applicant's claims regarding a particular social group and the availability of state protection.

The application for review was dismissed.