1502512 (Refugee)

This matter concerned an application for a Protection (Class XA) visa by an individual who claimed to fear persecution in Nepal due to his political activities. The applicant alleged he was targeted by Maoists for his membership and active support of the Communist Party of Nepal (United Marxist Leninist) – CPN-UML. He claimed to have been abducted, threatened with death, and forced to participate in Maoist training, before ultimately fleeing Nepal for Australia. The applicant also asserted that the Nepalese authorities were unable or unwilling to protect 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, and whether he could not be protected by the authorities of his home country. A secondary issue arose concerning the applicant's relationship with another individual, Mr. A, and whether this relationship qualified him for a visa as a member of the same family unit as a person who held a protection visa.

The Tribunal considered the applicant's claims in light of Ministerial Direction No. 56, which mandates consideration of relevant policy guidelines and country information. The Tribunal was not satisfied that the applicant was in a genuine sexual or emotional relationship with Mr. A, nor that he was anything more than a flatmate. Consequently, the Tribunal found that the applicant did not satisfy the criterion in section 36(2) on the basis of being a member of the same family unit as a protection visa holder.

The Tribunal affirmed the decision not to grant the applicant a Protection (Class XA) visa.