1618656 (Refugee)

The applicant, an Indian national, sought a protection visa, claiming he faced persecution in India due to his involvement with a Muslim community organisation and a physical altercation with a member of a Hindu religious/political party. The dispute concerned whether the applicant met the criteria for a protection visa under Australian migration law. The decision was made by the Refugee Tribunal.

The primary legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as required by section 36(2)(a) of the *Migration Act 1958* (Cth). A secondary issue, though not ultimately determinative, was whether the applicant would face a real risk of significant harm if removed from Australia, as per the complementary protection criterion under section 36(2)(aa).

The Tribunal affirmed the delegate's decision not to grant the visa. The applicant failed to attend the scheduled hearing, despite receiving proper notification. Consequently, the Tribunal proceeded to make its decision based on the available evidence. The Tribunal found the applicant's claims regarding threats and attacks by members of the BJP and RSS to be unreliable and unsubstantiated. It noted a lack of evidence demonstrating the applicant's political activity or a profile that would attract such sustained threats, nor was there evidence of the RSS's influence over the police in Tamil Nadu. The Tribunal was not satisfied that the applicant's fear of persecution was well-founded, nor that he met the criteria for complementary protection.

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