1606379 (Refugee)

The applicant, who arrived in Australia in September 2015, sought a protection visa. The dispute concerned whether the applicant met the criteria for the grant of such a visa, specifically focusing on the applicant's credibility and the fulfilment of protection obligations. The matter was before the Tribunal, presided over by Member David McCulloch.

The legal issues before the Tribunal were whether the applicant met the refugee criterion under s.36(2)(a) of the Migration Act 1958, or alternatively, the complementary protection criterion under s.36(2)(aa). This involved assessing the applicant's claims of persecution for reasons of political opinion, and whether, on his accepted claims, there was a real risk of significant harm if returned to Nepal. The Tribunal was required to consider relevant country information and policy guidelines.

The Tribunal's reasoning centred on the applicant's credibility and the assessment of his claims against the statutory criteria. While the applicant alleged persecution by groups such as the Tharuwan and Madhesh movements due to his advocacy against a feudal system and for suppressed ethnic groups, the Tribunal concluded that the decision under review should be affirmed. The Tribunal noted that the applicant did not satisfy the refugee criterion in s.36(2)(a) and also did not satisfy the complementary protection criterion in s.36(2)(aa).

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