1617356 (Refugee)

The applicant, a citizen of Nepal, sought review of a decision by the Minister for Immigration and Border Protection to refuse to grant a protection visa. The applicant alleged he feared persecution from his ex-wife's family in Nepal.

The primary legal issue before the court was whether the applicant had established a well-founded fear of persecution for a Convention reason, such that he ought to be granted a protection visa. This required the court to consider the evidence presented by the applicant and assess its credibility and probative value.

The court noted that the applicant had refused to attend a hearing before the Refugee Tribunal and had provided no independent evidence to substantiate his claims of threats from his ex-wife's family. Furthermore, the applicant had expressed a willingness to return to Nepal in 2014 and had indicated a relationship with a Muslim woman, which the court considered relevant to his potential safety and his right to enter and reside in India. Given the lack of credible evidence supporting his claims and his expressed willingness to return to Nepal, the court found that the applicant had not established a well-founded fear of persecution. The decision under review was therefore affirmed.