1810211 (Refugee)

The applicant, a citizen of Nepal, sought protection visas for himself, his wife, and their children. The dispute concerned the applicant's claims of fear of persecution in Nepal due to his interfaith marriage, alleging ostracism, harassment, and lack of family support. The applicant had arrived in Australia in 2009 and had previously held student visas. The matter came before the Migration Review Tribunal (MRT) for review of a decision not to grant protection visas.

The primary legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution for a Convention reason, or alternatively, whether he met the criteria for complementary protection. This involved assessing the credibility of his claims regarding the risks he and his wife faced in Nepal due to their interfaith marriage, including allegations of harassment and discrimination. The Tribunal also considered the length of time the applicants had resided in Australia, the birth of their children in Australia, and the fact that one child was an Australian citizen.

The Tribunal considered information provided by the applicant, including country information assessments and departmental guidelines. It noted that the applicant's claims of harassment and discrimination were made later in the process, specifically during a protection interview in February 2018, after initial claims focused on migration agent issues and the desire for Ministerial intervention. The Tribunal affirmed the decision not to grant the protection visas, finding that the applicant had not established a claim for protection. However, the Tribunal acknowledged the significant ties the applicants had developed in Australia, including the presence of school-aged children born in Australia, one of whom was an Australian citizen, and suggested that the Minister might wish to consider exercising his power of substitution in light of these circumstances.