Muin v RRT and Ors S36/1999

This matter concerned an application for leave to appeal to the High Court of Australia by Mr Muin against a decision of the Refugee Review Tribunal (RRT) and the Federal Court of Australia. Mr Muin, a citizen of East Timor, sought to challenge the RRT's decision to affirm the Minister's decision to refuse him a protection visa. The Federal Court had previously dismissed Mr Muin's application for review of the RRT's decision.

The central legal issue before Gaudron J was whether Mr Muin had established a "real chance" of suffering persecution for a Convention reason if he were returned to East Timor. This required the court to consider the evidence before the RRT regarding the political situation in East Timor at the time of the decision and the specific circumstances of Mr Muin's alleged fear of persecution.

Gaudron J considered the evidence presented by Mr Muin, which included allegations of threats and harassment by Indonesian military personnel due to his involvement in pro-independence activities. Her Honour reviewed the RRT's assessment of this evidence and the Tribunal's conclusion that Mr Muin had not demonstrated a real chance of persecution. The legal principle applied was the well-established test for refugee status under the *Migration Act 1958* (Cth), which requires a well-founded fear of persecution for a Convention reason.

Leave to appeal was refused.