1601748 (Refugee)

This matter concerned an application for a protection visa by a citizen of Nepal. The applicant claimed he feared persecution upon return to Nepal due to political instability, the activities of Maoists, and the consequences of the 2015 earthquake. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had a well-founded fear of persecution or if there were substantial grounds for believing he would suffer significant harm if removed from Australia.

The Tribunal considered the applicant's claims in light of the Migration Act 1958, including the definitions of well-founded fear of persecution, serious harm, torture, cruel, inhuman, or degrading treatment or punishment, and effective protection measures. The Tribunal also had regard to Ministerial Direction No. 56 and relevant policy guidelines and country information. Key issues included assessing the credibility of the applicant's claims, the extent to which the claimed risks were personal rather than general to the population, and whether effective protection was available in Nepal.

The Tribunal found that the applicant had not established a well-founded fear of persecution. It noted inconsistencies and changes in the applicant's claims and evidence over time, as well as delays in his protection application. The Tribunal concluded that there were no substantial grounds for believing that the applicant would suffer significant harm as a necessary and foreseeable consequence of his removal to Nepal. The Tribunal affirmed the delegate's decision to refuse the protection visa.