2206198 (Refugee)

The applicant, a citizen of New Zealand, sought review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to fear harm from members of a New Zealand bikie gang due to a sexual assault crime they had allegedly committed. The applicant contended that gang members became aware of this alleged offence while the applicant was in immigration detention, leading to threats via social media and causing significant mental health issues. The applicant also stated they had no family support in New Zealand. The Administrative Appeals Tribunal affirmed the Minister's decision.

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 required the court to consider whether the applicant's fear of harm from bikie gang members constituted a fear of persecution based on membership of a 'particular social group', and whether the applicant's credibility regarding the alleged awareness of the gang and the threats could be accepted.

The court found that there was no credible evidence to support the applicant's claim that members of the bikie gang were aware of the applicant's alleged criminal offence. The social media threats were assessed as likely to be an elaborate hoax orchestrated by the applicant. Furthermore, the court noted that the applicant had access to mental health services in New Zealand, which mitigated the risk of harm. Consequently, the applicant had not demonstrated a well-founded fear of persecution.

The decision under review was affirmed.