1619499 (Refugee)

This matter concerned an application for a protection visa by nationals of India. The applicant claimed to fear persecution from a local politician, Mr. A, and also feared general tensions between Sikhs and Hindus in Punjab. The applicant alleged that Mr. A had threatened him after he refused to vote for him in local elections, and that he had subsequently written an article critical of Mr. A, leading to further threats and an attack by Mr. A's supporters. The applicant also claimed his wife had been attacked and that he himself had been arrested and tortured by police.

The Tribunal was required to determine 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 defined by the Migration Act 1958. This involved assessing the credibility of the applicant's claims and considering whether any alleged harm constituted serious harm, and whether effective protection measures were available in India. The Tribunal also needed to consider if the applicant could reasonably relocate within India to avoid any risk.

The Tribunal found significant credibility issues with the applicant's evidence. The applicant could not produce a copy of the alleged adverse article, and the timeline of alleged attacks and threats was inconsistent. The Tribunal noted that the applicant had not reported many of the alleged incidents to the police, and that his wife had not reported her alleged attack. The Tribunal concluded that the fabricated nature of past incidents suggested a lack of genuine fear of persecution. Furthermore, the Tribunal considered that any risk faced by the applicant was likely faced by the population generally, and that the applicant had not demonstrated a well-founded fear of persecution for reasons specified in the Act.

Consequently, the Tribunal affirmed the decision not to grant the applicants protection visas, finding that they did not satisfy the criteria for a protection visa under section 36(2)(a) or (aa) of the Migration Act 1958.