1700143 (Refugee)

The applicant, an Indian national, sought a protection visa, claiming she feared being forced into an arranged marriage upon her return to India. She had previously been married in India, but divorced her husband in Australia due to difficulties in the marriage. Her family had informed her that she was a financial burden and would be forced into another arranged marriage, with her brothers having already arranged a marriage to a man she had never met, who would allegedly beat her if she did not obey his mother. The applicant also expressed fear of rape and lack of police protection due to a past relationship in Australia. The case was heard by the Refugee Review Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether she had a well-founded fear of persecution for a Convention reason, or alternatively, whether she would suffer significant harm as a necessary and foreseeable consequence of being removed from Australia, under the complementary protection provisions. This involved assessing the applicant's claims in light of the evidence provided and relevant country information, including policy guidelines and assessments prepared by government departments.

The Tribunal considered the applicant's claims regarding her religion (Sikh) and ethnicity (Jat Sikh), noting that she had not experienced harm in India on these grounds. It also examined the circumstances of her previous marriage and divorce, and the alleged arrangements for a future marriage. The Tribunal noted that the applicant's fear of forced marriage and potential mistreatment stemmed from family and societal pressures rather than persecution for a Convention reason. The Tribunal found that the applicant had not established a well-founded fear of persecution for a Convention reason, nor had she demonstrated a real risk of suffering significant harm upon return to India, as contemplated by the Migration Act 1958.

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