Tuitaalili v MIAC & Anor [2012] HCATrans 222

This matter concerned an application for special leave to appeal to the High Court of Australia. The applicant, Mr Tuitaalili, sought to challenge decisions of the Migration Internal Appeals Council (MIAC) and the Federal Magistrates Court of Australia which had affirmed the Minister's decision to refuse to grant him a protection visa.

The central legal issue before the High Court was whether the applicant had established a well-founded fear of persecution for a reason specified in section 5(1) of the *Migration Act 1958* (Cth). Specifically, the court considered whether the applicant's fear of persecution for reasons of his imputed political opinion was reasonably open to be found by the primary decision-maker and the appellate bodies.

Gummow and Bell JJ refused special leave to appeal. Their Honours noted that the applicant's case on imputed political opinion was not arguable. They found that the evidence before the primary decision-maker did not support a finding that the applicant's fear of persecution was based on an imputed political opinion held by him, or that such an imputation was reasonably likely to lead to persecution. The court considered that the applicant had not demonstrated any error of law in the decisions below.