1900773 (Refugee)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to refuse the applicant a protection visa. The applicant, an Indian national, claimed to fear persecution upon return to India due to his past involvement in environmental activism against illegal sand mining and resort construction, which he alleged was supported by the Communist Party of India (Marxist) (CPIM) and a "sand mafia" group. He asserted that his activism led to threats, the murder of a friend, and a near-fatal attack, prompting him to leave India and eventually seek protection in Australia.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by section 5J of the *Migration Act 1958* (Cth). This involved assessing the credibility of his claims, the consistency of the information provided, and whether any claimed fear of persecution was a real chance and related to all areas of India. The Tribunal also considered the complementary protection criterion under section 36(2)(aa) of the Act, which requires a substantial ground for believing there is a real risk of significant harm upon removal from Australia.

In its reasoning, the Tribunal found significant credibility concerns with the applicant's claims, noting conflicting and inconsistent information provided. The Tribunal also observed a delay in the applicant's application for protection in Australia. Considering the available country information regarding illegal sand mining and political dynamics in Kerala, the Tribunal concluded that the applicant had not demonstrated a subjective fear of returning to India that was well-founded. Consequently, the Tribunal found that the applicant did not satisfy the criteria for a protection visa under section 36(2) of the Act.

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