SZWBK v Minister for Immigration

The applicant, SZWBK, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to grant a protection visa. The Minister's decision was based on the applicant's alleged failure to satisfy the criteria for a protection visa under section 36(2)(aa) of the *Migration Act 1958* (Cth), which requires a person to hold a particular kind of fear of persecution. The matter came before Judge Manousaridis in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the applicant held a well-founded fear of persecution for a reason specified in section 5(1) of the *Migration Act 1958* (Cth), specifically for being a member of a particular social group. The applicant contended that the primary decision-maker had erred in failing to properly assess the evidence relating to their membership in a particular social group and the risk of persecution on that basis.

Judge Manousaridis considered the established legal principles for assessing claims of persecution based on membership in a particular social group, including the need for the group to be defined by a shared characteristic that is immutable or fundamental to their identity, and that the group must be capable of being identified as distinct from the rest of the population. The Court reviewed the evidence presented by the applicant and the findings of the primary decision-maker, ultimately determining that the applicant had not established that they belonged to a particular social group as contemplated by the *Migration Act*. The Court found no error in the primary decision-maker's assessment of the evidence in relation to this ground.

The application for judicial review was dismissed.