2403303 (Refugee)

The applicant, a citizen of Tonga, 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 Tonga due to their religious beliefs and their participation in protests against the Tongan government. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically religion, as defined by the *Migration Act 1958* (Cth). This involved assessing whether the applicant's fear of harm was real and whether the alleged harm was linked to their religious beliefs or their political activities, which the applicant asserted were motivated by their religious convictions.

Her Honour Judge Cranston considered the evidence presented regarding the removal of crosses from Protestant church buildings in Tonga and the applicant's involvement in protests. The Court found that while the applicant held genuine religious beliefs and had participated in protests, the evidence did not establish that the Tongan government was responsible for the removal of crosses or that the applicant faced a real chance of persecution by state actors or non-state actors for a Convention reason. The Court concluded that the applicant's fear, while subjectively held, was not objectively well-founded in accordance with the criteria for a protection visa.

The application for review was affirmed, meaning the Tribunal's decision to refuse the protection visa was upheld.