1517184 (Refugee)

The applicant, a national of Nepal, sought a protection visa in Australia. The dispute arose from the applicant's claims that upon return to Nepal, he would face homelessness, lack of work, and potential harm from his separated wife's family due to his inability to account for her whereabouts. He also asserted that the Nepali government offered no assistance to those in his situation. The matter was before the Refugee Tribunal.

The legal issues before the Tribunal included whether the applicant met the criteria for a protection visa under section 36(2) of the Migration Act 1958, specifically concerning a well-founded fear of persecution or the complementary protection criterion under section 36(2)(aa). This involved assessing whether the applicant faced a real risk of significant harm, as defined by section 36(2A), and whether any such risk was a necessary and foreseeable consequence of his removal from Australia. The Tribunal also considered the applicant's claims regarding membership of a particular social group and the availability of effective protection measures or reasonable relocation options within Nepal.

The Tribunal considered the applicant's background, including his arrival in Australia, the cessation of his visa, and his claims of separation from his wife, the impact of the Nepal earthquake on his family and property, and his lack of contacts and financial resources in Nepal. The Tribunal noted that the applicant did not satisfy the refugee criterion under section 36(2)(a). It also found that the applicant did not satisfy the complementary protection criterion under section 36(2)(aa), as there was no suggestion that he was a member of the same family unit as a person who held a protection visa.

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