1704954 (Refugee)

The applicant, who arrived in Australia in January 2016, sought a protection visa. The applicant claimed to fear persecution in India due to his father's role as a police officer, which had allegedly angered criminal gangs. These gangs, with political connections, had previously attempted to kidnap and threatened the applicant, leading him to leave his home. The applicant's bridging visa was subsequently cancelled under s.116(1)(e)(i) of the Migration Act 1958 (Cth) due to concerns about his risk to the Australian community. The Tribunal was required to determine the credibility of the applicant and his father, and whether, based on accepted claims, the criteria for a protection visa were met.

The central legal issues before the Tribunal were the applicant's credibility and whether the claims made established a well-founded fear of persecution for a Convention reason, or alternatively, whether the applicant met the criteria for complementary protection. Specifically, the Tribunal considered whether the applicant's fear of abduction, torture, or death by criminal gangs constituted a real risk of significant harm, and whether such harm would be a necessary and foreseeable consequence of removal from Australia. The Tribunal also had regard to Ministerial Direction No. 56 and relevant country information from the Department of Foreign Affairs and Trade.

The Tribunal found that the applicant did not satisfy the criteria for a protection visa under s.36(2) of the Migration Act. The decision under review was affirmed, meaning the applicant was not granted a protection visa. The Tribunal concluded that the applicant did not meet the refugee criterion in s.36(2)(a) and also did not satisfy the complementary protection criterion under s.36(2)(aa). There was no suggestion that the applicant qualified as a family member of a person who held a protection visa.