1815178 (Refugee)

The applicant, an Indian national claiming to be a Punjabi Sikh, sought a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa, specifically whether they faced a real risk of significant harm if returned to India. The decision was made by the Tribunal.

The legal issues before the Tribunal were whether the applicant satisfied the refugee criterion under s 36(2)(a) of the Act, and alternatively, whether they met the complementary protection criterion under s 36(2)(aa) by facing a real risk of significant harm as a necessary and foreseeable consequence of removal to India. The Tribunal was required to consider the applicant's claims in light of relevant policy guidelines and country information.

The Tribunal affirmed the decision under review, concluding that the applicant did not meet the criteria for a protection visa. The applicant's claims of persecution were found to lack credibility, particularly given their extensive visa history, including a prior bogus partner visa application and a history of providing false names to authorities. The Tribunal noted that the applicant had not experienced harm in India prior to departing and had not attempted to relocate within India for safety. While the applicant expressed fear of being targeted by Indian authorities due to their past association with the Dera Sacha Sauda sect, following the arrest of its leader, the Tribunal found these fears unsubstantiated and not indicative of a real risk of significant harm. The Tribunal also considered the applicant's assertion that Indian authorities were corrupt and unable to provide protection, but this was not found to be determinative in the absence of credible evidence of a real risk.