2318857 (Refugee)

The applicant, a Coptic Orthodox Christian from Egypt, sought review of a decision by the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to fear harm if returned to Egypt due to his religious beliefs, his conviction for a serious crime, and the resulting economic hardship and ostracism he experienced. He contended that he constituted a particular social group, defined by his religious affiliation and criminal conviction, and that he would face persecution on this basis.

The Administrative Appeals Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a reason for which Australia has protection obligations. Specifically, the Tribunal had to consider whether the applicant's membership in the proposed particular social group, "Coptic Orthodox Christians convicted of a serious crime," met the criteria for a particular social group under the *Migration Act 1958* (Cth) and international refugee law. The Tribunal also had to assess whether the fear of harm from relatives and the broader Muslim community was objectively reasonable and linked to his protected characteristics.

The Tribunal affirmed the delegate's decision, finding that the applicant had not established a well-founded fear of persecution. While acknowledging the applicant's Coptic Orthodox Christian faith and his conviction for a serious crime, the Tribunal concluded that these factors, in combination with the alleged economic hardship and ostracism, did not amount to persecution for a Convention reason. The Tribunal found that the evidence did not support a finding that the applicant would face harm from the Muslim community or his relatives that rose to the level of persecution, nor did it establish that his proposed particular social group was one for which Australia has protection obligations. The Tribunal was not satisfied that the applicant's fear was objectively reasonable in the circumstances.