1513821 (Refugee)

This matter concerned an application for a protection visa by a citizen of Nepal. The applicant arrived in Australia in January 2009 and, after a series of visa applications and refusals, lodged an application for a protection visa in December 2014. The applicant claimed to fear harm upon return to Nepal from a gang he was formerly associated with, alleging he was accused of stealing money and providing classified information. He also claimed fear of harm from the Christian community in Kathmandu due to a past relationship with a pastor's daughter, and generally referred to high crime levels in Nepal.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for a Convention reason, or alternatively, whether he met the complementary protection criterion due to a real risk of significant harm upon removal from Australia. The Tribunal was required to assess the applicant's credibility and consider the evidence presented, including country information from the Department of Foreign Affairs and Trade.

The Tribunal considered the applicant's claims in light of the relevant legislative provisions, including sections 36(2)(a) and 36(2)(aa) of the Migration Act 1958, and the definitions of "significant harm" and "well-founded fear of persecution." The Tribunal found that the applicant did not satisfy the refugee criterion under s.36(2)(a). Furthermore, after considering the applicant's claims and the available country information, the Tribunal concluded that the applicant had not established that he would suffer significant harm as a necessary and foreseeable consequence of being removed from Australia, and therefore did not meet the complementary protection criterion. The Tribunal affirmed the delegate's decision not to grant the protection visa.