1835472 (Refugee)

This matter concerned an application for review of a delegate's decision not to grant a protection visa to a Nepalese national. The applicant claimed to fear harm from his step-mother upon return to Nepal, stemming from a dispute with his father over inherited land. The applicant alleged his father had appropriated the land without paying the promised amount, and his step-mother, who had political and criminal connections, was planning to harm him to prevent him from reclaiming the property. The applicant also claimed to have received threatening phone calls. The application was made after his student visa was refused, a tribunal review was conducted, and a request for ministerial intervention was made, with no threats being claimed during the student visa review.

The court was required to determine whether the applicant met the criteria for a protection visa under the Migration Act 1958. Specifically, the court needed to assess whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal, there was a real risk of suffering significant harm. The court also considered the applicant's credibility, the consistency and substantiation of his claims, and the timeliness of his application.

The court affirmed the decision not to grant the protection visa. It found that the applicant's claims were vague, inconsistent, and exaggerated, and that no supporting evidence had been provided. The court noted the significant delay in applying for protection, which occurred only after other avenues had been exhausted. Furthermore, the court observed that no legal action had been taken against the applicant's father regarding the land dispute, and that the applicant had not claimed threats during earlier visa reviews. The court concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm, and therefore did not satisfy the criteria for a protection visa.