1500213 (Refugee)

The applicant, Tigiilagi Eteuati, sought review of a decision not to grant him a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution or harm if returned to India, based on his stated reasons for leaving and his ongoing contact with his girlfriend, whose parents allegedly threatened him.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). This required the Tribunal to assess whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether he would suffer significant harm if returned to India. The Tribunal was also required to consider relevant policy guidelines and country information.

The Tribunal considered the applicant's account that he left India due to threats from his girlfriend's parents, who disapproved of their relationship. The applicant stated he continued to communicate with his girlfriend via the internet, and that her parents had discovered this and reiterated threats to harm or kill him if he returned to India. However, the Tribunal found no suggestion that the applicant satisfied section 36(2) on the basis of being a member of the same family unit as a person who held a protection visa.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that the applicant did not satisfy the criterion in section 36(2).