AVU16 v Minister for Immigration

AVU16 (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 without a visa, claimed to fear persecution in their country of origin due to their membership of a particular social group. The matter came before Judge Barnes 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 5H of the *Migration Act 1958* (Cth), namely membership of a particular social group. This required the Court to assess the applicant's claims regarding the nature of the persecution feared, the likelihood of such persecution occurring, and whether the feared persecution was linked to their alleged membership of a particular social group.

Judge Barnes considered the evidence presented by the applicant, including their personal account of events and country information relating to their country of origin. The Court applied the principles established in cases such as *Chan v Minister for Immigration and Ethnic Affairs* and *Applicant A v Minister for Immigration and Ethnic Affairs*, which outline the standard of proof for establishing a well-founded fear of persecution. The Court found that the applicant had not provided sufficient evidence to demonstrate that they would more likely than not face persecution upon return to their country of origin, nor that any feared harm was linked to membership of a particular social group as defined in international refugee law.

The application for judicial review was dismissed.