1515485 (Refugee)

This matter concerned an application for review of a decision by the delegate of the Minister to refuse to grant the applicant, an Indian national, a protection visa. The applicant claimed to fear harm and ill-treatment in India due to his homosexual orientation, his family's hostility, and the potential for extortion and blackmail by police and community members. He also raised concerns about discrimination in employment due to his HIV+ status and rejection by the gay community.

The primary legal issue before the Tribunal was whether there were substantial grounds for believing that the applicant would suffer significant harm, either individually or cumulatively, as a necessary and foreseeable consequence of his removal from Australia to India. This required the Tribunal to assess whether Australia had protection obligations towards the applicant under section 36(2)(a) (refugee criterion) and section 36(2)(aa) (complementary protection criterion) of the *Migration Act 1958* (Cth).

The Tribunal considered the applicant's oral evidence, documentary evidence including medical reports, and submissions. It accepted the applicant's identity and nationality. However, after assessing all the evidence, the Tribunal was not satisfied that there was a real risk of significant harm to the applicant upon return to India. The Tribunal concluded that the applicant did not meet the criteria for protection under either section 36(2)(a) or 36(2)(aa).

Accordingly, the Tribunal affirmed the delegate's decision not to grant the applicant a Protection visa.