1718832 (Refugee)

The applicant, an individual from India, sought a protection visa, asserting a fear of violence stemming from a perceived connection to a murder. The Administrative Appeals Tribunal (AAT) was tasked with determining whether the applicant met the criteria for a protection visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of section 36(2) of the *Migration Act 1958* (Cth) for the grant of a protection visa. This involved assessing the applicant's credibility, particularly in light of significant inconsistencies in their evidence and a considerable delay in lodging the protection visa application.

The Tribunal found that the applicant did not satisfy the criterion in section 36(2). This conclusion was reached after considering the evidence presented, which contained significant inconsistencies, and noting the substantial delay in the application. The Tribunal did not find that the applicant satisfied the criteria on the basis of being a member of the same family unit as a person who already held a protection visa. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.