NAKD v Minister for Immigration & Multicultural & Indigenous Affairs

In the matter of NAKD versus the Minister for Immigration and Multicultural and Indigenous Affairs, the Full Court of the Federal Court of Australia was tasked with considering an appeal against a decision to refuse a protection visa. The applicant, NAKD, sought protection on the grounds of persecution due to membership in a particular social group, specifically women who had undergone female genital mutilation (FGM).

The primary legal issue before the court was whether the applicant's fear of persecution was well-founded and if she constituted a member of a particular social group as defined by the Migration Act. This involved assessing the applicant's credibility and whether her fear of undergoing FGM in her home country was genuine. The court also needed to determine whether the applicant's fear met the threshold for persecution as defined in the Act.

The court found that while the applicant's fear of persecution was genuine, her fear did not meet the threshold for persecution. The court held that the applicant's fear was based on a general societal practice rather than an individualised threat. The court also found that the applicant's membership in the particular social group was not sufficient to establish a well-founded fear of persecution. The court found that the applicant's fear was not of such a nature or intensity as to constitute persecution. Consequently, the appeal was dismissed, and no order was made as to costs.