1619038 (Refugee)

This matter concerned an application for a protection visa by an individual from India. The applicant claimed to have faced persecution due to his political activities with the All India Majlis-E-Ittehadul Muslimeen (AIMIM) and its conflict with the Bharatiya Janata Party (BJP). The Administrative Appeals Tribunal (AAT) was required to determine the credibility of the applicant's claims and whether, on the accepted claims, the criteria for protection were fulfilled.

The Tribunal considered the applicant's history of political involvement, including his membership in the Majlis Bachao Tehreek (MBT) and later AIMIM. The applicant alleged that his political activities led to threats, including his shop being attacked and receiving threatening phone calls, which caused him to leave his home and seek refuge in Australia. The Tribunal also had regard to the Department of Foreign Affairs and Trade (DFAT) Country Information Report – India, 2018, and relevant policy guidelines.

The Tribunal found that the applicant's claims lacked credibility, noting inconsistencies in his evidence. Consequently, the Tribunal concluded that the applicant did not meet the criteria for a protection visa. The Tribunal affirmed the decision not to grant the applicant a protection visa.