1903486 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for a protection visa made by a citizen of Nepal. The applicant claimed to fear persecution from supporters of the Nepal Communist Party (Maoist) due to his support for the rival Communist Party of Nepal (UML). The applicant alleged an incident in February 2017 where he was threatened and asked for money by individuals identifying as Maoist supporters, which led him to return to Australia prematurely.

The primary 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* (Cth) as a refugee, or under section 36(2)(aa) as a person facing significant harm in a receiving country. This required the Tribunal to assess the applicant's credibility and the plausibility of his claims, considering the evidence presented and relevant country information.

The Tribunal found aspects of the applicant's evidence to be lacking in detail and implausible, which undermined his overall credibility. Specifically, the Tribunal noted that the claimed incident in February 2017, which formed the basis of his fear, was not sufficiently substantiated. The Tribunal concluded that the applicant's profile did not support his claimed reasons for fearing harm if he returned to Nepal.

Consequently, the Tribunal was not satisfied that the applicant was a person in respect of whom Australia had protection obligations. The decision under review, which refused to grant the protection visas, was affirmed.