1515100 (Refugee)

The applicant, an Indian national, sought a protection visa, claiming she would face harm if returned to India. Her claims stemmed from alleged abuse by her ex-husband and his family, including threats to her life and attempts to force her return to him, and from sexual assault by a former partner and subsequent threats from his family. She also asserted that the Indian police would not protect her from these threats, particularly from the Khap Panchayat, a council of village elders that she claimed would not recognise her divorce and would force her to return to her ex-husband.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth). Specifically, the court needed to assess if she had established a well-founded fear of persecution based on her membership in a particular social group, or if she would suffer significant harm due to the actions of the state or non-state actors in India. The Tribunal also considered the relevance of Ministerial Direction No. 56 and departmental policy guidelines.

The Tribunal considered the applicant's claims regarding her ex-husband and ex-partner, as well as her assertions about the lack of state protection. However, the decision focused on the criteria under section 36(2) of the Act, which relates to membership in a particular social group. The Tribunal found that the applicant did not satisfy the criteria under this section, nor did it appear she satisfied the criteria under section 36(2)(a) or (aa) in relation to a family unit.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.