1702283 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa. The applicant claimed to fear persecution by Indian authorities due to their membership and support of the Babbar Khalsa Party and the Khalistan independence movement. The Tribunal reviewed the applicant's personal details, including their birth in Punjab, India, their Sikh ethnicity, and their educational and employment history. The Tribunal also examined documents related to the applicant's migration history and a non-disclosure certificate concerning certain departmental records, which the Tribunal ultimately found to be invalid.

The primary 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* (Cth) (the Act) as a refugee, or under section 36(2)(aa) of the Act as a person facing a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia. The Tribunal was required to consider the definitions of "refugee" and "significant harm" as set out in the Act, including the concept of a "well-founded fear of persecution" and the circumstances under which effective protection measures would be available in a receiving country. The Tribunal also had regard to Ministerial Direction No. 84 and associated guidelines.

The Tribunal reasoned that the applicant did not satisfy the criterion in section 36(2)(a) of the Act, as there was no suggestion that the applicant met the definition of a refugee based on a well-founded fear of persecution. Furthermore, the Tribunal found that the applicant did not satisfy the criterion in section 36(2)(aa) of the Act, as they had not established a real risk of suffering significant harm upon removal to India. The Tribunal also noted that the applicant did not satisfy the criteria under section 36(2)(b) or (c) as a family member of a protection visa holder.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.