1703844 (Refugee)

The applicant, an Indian national, sought review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to affirm the refusal of a protection visa. The applicant had previously been granted a protection visa, but this visa was cancelled under s 501(2) of the *Migration Act 1958* (Cth) due to character grounds. Following the cancellation, the applicant departed Australia and subsequently sought to re-enter by applying for a protection visa. The primary issue before the court was whether the applicant met the criteria for a protection visa, notwithstanding their previous departure from Australia after visa cancellation.

The court was required to determine whether the applicant could establish a well-founded fear of persecution for a convention reason upon their return to India, as required by s 36(2)(a) of the *Migration Act 1958* (Cth). This involved assessing the evidence presented by the applicant regarding the alleged persecution and considering whether the Minister's delegate had erred in finding that such a fear was not established. The court also had to consider the implications of the applicant's prior departure from Australia after their protection visa was cancelled on character grounds.

Justice Shanahan found that the applicant had not established a well-founded fear of persecution for a convention reason upon return to India. The court considered the evidence presented by the applicant and concluded that it did not demonstrate a real chance of suffering harm amounting to persecution. The previous cancellation of the applicant's protection visa on character grounds was a relevant factor in the overall assessment, but the primary focus remained on the applicant's current claim for protection. The court affirmed the delegate's decision to refuse the protection visa.