1518115 (Refugee)

The applicant sought a protection visa, claiming a well-founded fear of persecution in India due to threats from a moneylender and fear for their family's safety, including a fear of being killed. The decision under review affirmed the refusal of the protection visa.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether they had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether effective protection measures were available in India. The court also considered the definition of significant harm, including threats to life, torture, and cruel, inhuman, or degrading treatment or punishment.

The court found that the applicant did not satisfy the criterion in section 36(2) of the Migration Act 1958. It noted that there was no suggestion the applicant qualified for a protection visa as a member of the same family unit as a person who already held such a visa. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.