AHJ16 v Minister for Immigration

AHJ16 (the applicant) sought judicial review of a decision by the Minister for Immigration (the respondent) to refuse to grant a protection visa. The applicant, who had arrived in Australia by boat, claimed to fear persecution in their country of origin due to their membership of a particular social group. The matter came before Judge Riethmuller in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the applicant had established a well-founded fear of persecution for a reason specified in section 5(1) of the *Migration Act 1958* (Cth), specifically for membership of a particular social group. This required the Court to assess the applicant's claims against the criteria for protection visas, including the assessment of the risk of harm in their country of origin and whether that risk was linked to a protected ground.

Judge Riethmuller considered the evidence presented by the applicant regarding the alleged persecution and the general country information. The Court applied the principles established in cases concerning the assessment of protection claims, including the standard of proof required and the methodology for assessing the credibility of claims and the risk of harm. The Court found that the applicant had not discharged the onus of proving a well-founded fear of persecution for a Convention reason.

Consequently, the Court dismissed the application for judicial review.