1705111 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a citizen of Nepal. The applicant claimed to fear persecution due to his political opinion, specifically his membership in the Nepal Communist Party UML, and alleged abduction by Maoists. He also raised concerns about ongoing health treatment and financial hardship. The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth), which includes both the "refugee" criterion and the "complementary protection" criterion.

The Tribunal's reasoning focused on the applicant's failure to satisfy either the refugee criterion or the complementary protection criterion. To meet the refugee criterion, the applicant needed to demonstrate a well-founded fear of persecution for reasons of political opinion. The complementary protection criterion required the Tribunal to be satisfied that there was a real risk of significant harm as a necessary and foreseeable consequence of the applicant's removal from Australia. The Tribunal also considered the applicant's credibility and the availability of state protection in Nepal, as well as the delay in the applicant's application.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa. The applicant did not satisfy the criteria under section 36(2) of the Act, as he did not establish a well-founded fear of persecution for a Convention reason, nor did he demonstrate a real risk of significant harm upon removal from Australia. The Tribunal found that the applicant was not a member of the same family unit as a person who met the criteria for a protection visa.