1833189 (Refugee)

The applicant, a national of Nepal, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm if returned to Nepal, based on claims of threats and violence from an underground political organisation, the Madhesi Mukti Morcha (MMM). The matter was before the Tribunal for review of the Department's decision to refuse the visa.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, by having a well-founded fear of persecution due to his political opinion or ethnicity, or alternatively, under section 36(2)(aa), by facing a real risk of significant harm as a necessary and foreseeable consequence of removal to Nepal. The Tribunal was required to assess the applicant's credibility and consider the available country information.

The Tribunal found that the applicant's claims were generalised, vague, and inconsistent. Crucially, the applicant conceded that a claimed attack on his home did not occur, and there were no threats or harm after his family relocated. The Tribunal noted the applicant had no political membership or activity, had previously expressed a willingness to return to Nepal, and had a cancelled student visa with no attendance at a review hearing. Considering the country information, the Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm, and that internal relocation within Nepal was a possibility.

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