1911244 (Refugee)

The applicant, an Indian national, sought review of a decision to refuse his protection visa application. The dispute centred on his claims of fearing persecution from his cousin, Mr B, due to a long-standing land dispute in their village in Punjab. The applicant alleged past physical violence and ongoing threats from Mr B, who he claimed had connections with local police and political groups, leading him to leave India and fear returning.

The court was required to determine 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, as defined by the Migration Act 1958. Specifically, the court had to assess if there was a real chance of persecution upon return to India, whether such persecution would involve serious harm, and if effective protection measures were available to the applicant in India. The court also considered the applicant's migration history and the delay in his protection visa application.

The court reasoned that while the applicant had experienced past incidents of violence and threats from his cousin, these events occurred between 2003 and 2005. The court noted a significant lack of direct interaction with Mr B since 2005, and no incidents reported since that time. The applicant had also managed to avoid Mr B by residing in a different village and had not seen him during a subsequent visit to India. Furthermore, the applicant had not provided evidence of any attempts to seek protection from Indian authorities since the 2005 incident, nor had he demonstrated that he could not relocate within India to avoid any potential risk. The court found credibility concerns and concluded that the applicant did not have a well-founded fear of persecution, nor was there a real risk of significant harm upon return to India.

Consequently, the court affirmed the decision not to grant the applicant a protection visa.