1707062 (Refugee)

The applicant, a citizen of Nepal, sought a protection visa in Australia. The dispute concerned whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution in Nepal or faced a real risk of significant harm upon removal from Australia. The matter was before the Tribunal for review of a decision not to grant the visa.

The Tribunal was required to determine two primary legal issues. First, whether the applicant qualified as a refugee under section 36(2)(a) of the Migration Act 1958, meaning he had a well-founded fear of persecution in Nepal based on his race, religion, nationality, membership of a particular social group, or political opinion. Second, if he did not meet the refugee criterion, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Nepal, he would suffer significant harm, as defined by section 36(2)(aa) of the Act.

The Tribunal considered the applicant's claims, including his short membership of a criminal gang in Nepal and alleged threats from a gang leader. It also took into account country information regarding Nepal and the applicant's right to enter and reside in India. The Tribunal found that the applicant had not established a well-founded fear of persecution. Furthermore, it concluded that the applicant had not demonstrated a real risk of significant harm upon return to Nepal, noting the possibility of relocation within Nepal and his right to reside in India. The Tribunal applied the principles outlined in sections 36(2)(a) and 36(2)(aa) of the Migration Act 1958, along with relevant guidelines and country information.

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