1718780 (Refugee)

This matter concerns a protection visa application made by two applicants from India. The dispute arose when the delegate refused to grant the visa. The applicants sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicants met the criteria for a protection visa, specifically whether they had a well-founded fear of persecution for reasons of membership of a particular social group, as defined by section 5J of the *Migration Act 1958* (Cth). This involved considering whether the second applicant's family, relatives, and caste members posed a real chance of persecution to the applicants due to their inter-caste marriage, and whether the applicants were members of the same family unit.

The Tribunal considered evidence including the applicants' passports, visa application forms, statutory declarations, and a Department of Foreign Affairs and Trade (DFAT) country information report. The applicants' evidence detailed the applicant's Dalit caste identity and the discrimination he experienced, including bullying and humiliation from upper-caste individuals. The DFAT report indicated that treatment of individuals in inter-caste marriages varies, with risks ranging from disapproval to violence, particularly in communities where Khap Panchayats operate. The Tribunal noted that the applicants' fear stemmed from the second applicant's Rajput (upper) caste family and community, who may object to the marriage.

The Tribunal found that the delegate's decision was affected by an error of law and remitted the decision to the delegate for reconsideration.