1608784 (Refugee)

The applicant, a citizen of Nepal, sought a protection visa, claiming he was targeted due to his past association with the Nepalese Communist Party and his subsequent decision to cease supporting it. He alleged he was assaulted because of his Maoist links and feared persecution from anti-Monarchist groups and a Maoist splinter group. The respondent, the Minister, had decided not to grant the visa.

The court was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, specifically whether he had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group. The court also considered the complementary protection criterion under section 36(2)(aa), which requires a substantial ground for believing there is a real risk of significant harm as a necessary and foreseeable consequence of removal to Nepal.

The court affirmed the decision not to grant the protection visa. It found that the applicant had not established a well-founded fear of persecution. The court noted the lack of evidence to support the applicant's claims of being targeted and assaulted, and observed that he had returned to Nepal unharmed previously. The court concluded that the applicant's claims appeared fabricated for the purpose of the visa application and that he did not satisfy the criteria for a protection visa.