1605127 (Refugee)

The applicant, a member of the monarchist Rastriya Prajatantra Party Nepal (RPP-N), sought a protection visa, claiming a fear of being killed by Maoists due to his political opinion if returned to Nepal. He also asserted a fear of discrimination and death due to a heart condition and the lack of adequate medical treatment in Nepal. The matter came before the Tribunal for review of a delegate's decision to refuse the visa.

The Tribunal was required to determine the applicant's credibility, whether he had suffered harm or threats in Nepal based on his political opinion, and if there was a real chance he would face persecution or significant harm in Nepal due to his political opinion and health condition. The Tribunal also considered whether the applicant could reasonably relocate to a safer area within Nepal or obtain protection from authorities, or if any risk he faced was general to the population and not specific to him, as per section 36(2B) of the Act.

In its reasoning, the Tribunal considered the applicant's claims and evidence, including his written statements, interview with the delegate, and oral evidence at the hearing, alongside country information from the Department of Foreign Affairs and Trade (DFAT) regarding Nepal's political history and current stability. The Tribunal noted the historical context of the Maoist insurgency and the subsequent peace agreements and political transitions in Nepal, including the abolition of the monarchy and the formation of a republic. It also considered the RPP-N's political stance. Ultimately, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.

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