1912637 (Refugee)

The applicant, a refugee, sought review of a decision made by the Minister for Immigration and Border Protection concerning their application for a protection visa. The applicant claimed to fear harm from relatives and/or fellow tribesmen of a man who had been killed, citing the custom of "payback" and asserting they were a target for such retribution. The applicant also identified as a member of a particular social group in Malaysia, specifically persons targeted for retributive tribal violence.

The primary legal issue before the court was whether the applicant had established a well-founded fear of persecution for a reason within the meaning of the *Migration Act 1958* (Cth). This involved determining if there was a real chance the applicant would face harm in the form of violent physical attacks and/or murder due to their membership in a particular social group, and whether relocation to another part of Malaysia would be a reasonable option to avoid such harm.

The court considered the evidence presented regarding the custom of payback and the applicant's specific circumstances. It found that there was a real chance the applicant would face harm, and that relocation was not a reasonable alternative. Consequently, the court determined that the applicant had established a well-founded fear of persecution. The decision under review was therefore remitted.