1911719 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse the applicant a protection visa. The applicant, an unlawful non-citizen from India, claimed he feared persecution upon return due to his conversion to Christianity from Hinduism, alleging his family and religious organisations would harm or kill him. He also raised concerns about his mental health and the safety of his daughter, an Australian citizen. The Tribunal considered the applicant's identity and determined India to be the appropriate receiving country.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for a convention reason upon return to India, and whether his claims regarding his daughter's safety and his mental health were credible. The Tribunal was required to assess the applicant's evidence in light of the provisions of the Migration Act 1958, including the assessment of subjective fear and the credibility of the claims presented.

The Tribunal found the applicant's evidence to be vague, illogical, and lacking credibility, particularly noting that he had not experienced harm in India and had not returned since his arrival in 2009. The claim concerning his daughter's safety was dismissed as not credibly made, given she was an Australian citizen and not subject to return. The Tribunal concluded that the applicant did not subjectively hold the necessary fear of persecution.

The Tribunal affirmed the delegate's decision to refuse the protection visa.