1803015 (Refugee)

The applicant, who is a follower of the Deri Sacha Sauda (DSS), sought a protection visa on the grounds of fearing harm from Indian police and Sikh extremists. The Administrative Appeals Tribunal (AAT) affirmed the decision not to grant the visa.

The primary legal issue before the AAT was whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). This involved assessing the applicant's claims of persecution and the credibility of his evidence.

The Tribunal found the applicant to be an unimpressive and evasive witness, raising significant credibility concerns regarding his account of events. The Tribunal considered the applicant's evidence in light of Ministerial Direction No. 56, which requires consideration of relevant guidelines and country information. Despite the applicant's claims of being a Sikh who attended DSS temples and faced disapproval from other Sikhs, the Tribunal was not satisfied that he had established a well-founded fear of persecution. The Tribunal noted that the applicant did not satisfy the criterion in section 36(2) on the basis of being a member of the same family unit as a person who holds a protection visa.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.