1621650 (Refugee)

The applicant, an Indian national, sought a protection visa based on claims of threats of violence and potential honour killing by the family of a woman to whom he was promised in an arranged marriage. He alleged that his refusal to marry this woman, and his desire to marry another, had led to his family attempting to force the marriage, his subsequent escape to Delhi, and threats from the woman's family. The case was heard by Saxon Rice, a Member of the Tribunal.

The central legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, specifically concerning a well-founded fear of persecution for reasons of membership of a particular social group, and alternatively, whether he met the criteria for complementary protection under section 36(2)(aa) due to a real risk of significant harm upon removal from Australia. The Tribunal was required to consider the applicant's claims in light of relevant policy guidelines and country information, and to assess the credibility and substance of his fears.

The Tribunal considered the applicant's claims regarding his refusal to enter into an arranged marriage and the alleged repercussions from the woman's family, including threats and physical intimidation. It also noted the applicant's assertion that relocation within India was not a viable option due to his financial dependence on his family and the fear of being traced. However, the Tribunal found that the applicant had not satisfied the criteria for a protection visa under section 36(2). The decision does not explicitly detail the reasoning for not meeting the complementary protection criterion, but it concludes by affirming the decision not to grant the visa.