1820059 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning an applicant for a protection visa who claimed to fear persecution in India due to an interfaith relationship with a Hindu woman. The applicant, a Sikh, alleged threats and violence from his girlfriend's family and community, including a death sentence declared by a Hindu community leader. He also claimed his family had disowned him and warned him not to return. The applicant had since married an Australian citizen and applied for a partner visa, but the review concerned his protection visa application.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution in India for one of the reasons specified in section 5J of the *Migration Act 1958* (Cth), or, failing that, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to India, he would suffer significant harm. The Tribunal considered the applicant's claims, the evidence provided, and independent country information regarding India.

In its reasoning, the Tribunal noted that the applicant had provided documentary evidence of his identity and nationality as an Indian citizen. However, the Tribunal found inconsistencies in the applicant's evidence, which led it to conclude that his claims were not substantiated to the required standard. The Tribunal applied the principles outlined in Ministerial Direction No. 84 and the relevant guidelines concerning refugee and complementary protection. Ultimately, the Tribunal found that the applicant did not meet the criteria for a protection visa, either under the refugee provisions or the complementary protection provisions of the Act.

The Tribunal affirmed the decision not to grant the applicant a protection visa.