2107800 (Refugee)

The applicant, a citizen of Nepal, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant claimed to fear harm from her family in Nepal, alleging sexual abuse and other mistreatment. She also raised concerns about adverse social media attention and the treatment of co-accused individuals upon their return to Nepal.

The primary legal issue before the court was whether the applicant would, if returned to Nepal, be a member of a particular social group to which Australia has protection obligations. Specifically, the court considered whether the applicant belonged to the particular social group of "women without family support" or "women with criminal convictions and no family support" in Nepal, and whether she would face persecution or serious harm on that basis.

The court affirmed the delegate's decision, finding that the applicant had not established that she would be a member of a particular social group to which Australia owes protection obligations. While acknowledging the potential difficulties faced by women in Nepal, the court determined that the applicant's circumstances, including her criminal conviction in Australia and the nature of the alleged harm, did not align with the established criteria for membership in a particular social group for the purposes of the *Migration Act 1958* (Cth). The court considered the evidence regarding the treatment of co-accused individuals but found it insufficient to establish a real chance of persecution for the applicant.