CRT15 v Minister for Immigration

CRT15 (the applicant) sought judicial review of a decision made 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 His Honour Judge Wilson 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(1) of the *Migration Act 1958* (Cth). This required the Court to consider whether the applicant's fear was subjectively genuine and objectively reasonable, and whether it was linked to one of the five protected characteristics: race, religion, nationality, membership of a particular social group, or political opinion. Specifically, the Court had to determine if the applicant's claimed fear of persecution due to their membership of a particular social group was made out on the evidence.

His Honour Judge Wilson applied the principles established in cases such as *Minister for Immigration and Ethnic Affairs v Teoh* and *Applicant A v Minister for Immigration and Ethnic Affairs*. The Court assessed the applicant's credibility and the objective circumstances in their country of origin. The Court found that while the applicant's fear was subjectively held, it was not objectively reasonable to conclude that they would face persecution for the reasons advanced. The Court considered the evidence regarding the applicant's particular social group and concluded that it did not meet the threshold for a well-founded fear of persecution under the *Migration Act*.

The application for judicial review was dismissed.