1615360 (Refugee)

The applicant sought review of a decision not to grant him a protection visa. The applicant claimed he feared harm in India due to his Sikh religion and his support for the religious leader Ranjit Singh Dhadrianwale, as well as an imputed political opinion as a supporter of this leader. He also claimed to fear harm from his ex-wife's family.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for reasons of religion or political opinion, or whether he came within Australia's complementary protection obligations due to a real risk of significant harm upon removal to India. The court also considered whether the applicant could reasonably relocate within India or obtain protection from Indian authorities.

The court found that there was little evidence of religious-based community violence in Punjab affecting ordinary Sikhs, nor had the applicant experienced any previous harm in India. His marriage to a Hindu woman was not presented as a source of harm, and he had no further contact with his ex-wife's family. The court noted that the applicant had not satisfied the criteria under section 36(2) of the Migration Act 1958.

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