1833107 (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 being a victim of money lenders and facing threats from debt collectors, stemming from credit card debt. The Administrative Appeals Tribunal had affirmed the Minister's decision.

The primary legal issue before the court was whether the applicant's fear of harm from money lenders and debt collectors constituted a well-founded fear of persecution for reasons of membership in a "particular social group" as defined by the *Migration Act 1958* (Cth). This required the court to consider whether the group "victims of money lenders" or a similarly defined group constituted a particular social group for the purposes of the *Refugee Convention*.

The court considered the established criteria for identifying a particular social group, which typically requires the group to be defined by a characteristic that is immutable or fundamental to identity, or by a characteristic that is so deeply ingrained that members of the group cannot be expected to change it. The court found that while the applicant's fear of debt collectors was real, the proposed group of "victims of money lenders" was not sufficiently defined or cohesive to constitute a particular social group. The court reasoned that the applicant's situation was primarily a consequence of personal financial dealings rather than persecution based on an inherent characteristic or membership in a protected social group.

The court affirmed the decision under review, finding that the applicant had not established a well-founded fear of persecution for a Convention reason.