1621662 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a national of India. The applicant claimed to fear persecution upon return to India due to threats made by the family of his former wife, who allegedly believed he was responsible for the breakdown of their marriage and had brought shame upon her family.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2) of the Migration Act 1958 (Cth). This required the Tribunal to determine if the applicant had a well-founded fear of persecution for a Convention reason, or if there were substantial grounds for believing that he would suffer significant harm as a necessary and foreseeable consequence of being removed from Australia.

The Tribunal found significant inconsistencies in the applicant's claims. While the applicant stated he had received no direct threats, a statutory declaration he had previously provided claimed he was receiving "endless threatening calls." Furthermore, his current wife's evidence did not corroborate the extent of the threats he described. The Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm upon return to India, noting the vagueness of his claims and the lack of particulars regarding any specific incidents.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the Act.