1935736 (Refugee)

The applicant, a citizen of Nepal, sought review of a decision by the Refugee Review Tribunal (RRT) to refuse to grant a protection visa. The applicant claimed to fear persecution from supporters of a Maoist group in Nepal due to her divorce and subsequent remarriage, alleging that her ex-husband had links to this group and her father had links to the Congress Party. The RRT had found issues with the applicant's credibility.

The primary legal issue before the court was whether the RRT's decision was affected by an error of law. This required the court to consider whether the RRT had properly assessed the applicant's claims of fear of persecution, particularly in light of the alleged links of her ex-husband to the Maoist group and her father to the Congress Party, and whether the RRT's adverse credibility findings were justified.

The court affirmed the RRT's decision, finding no error of law. The court accepted that the RRT had adequately considered the evidence presented by the applicant, including the political affiliations of her ex-husband and father, and the alleged threats received after her divorce and remarriage. The RRT's adverse credibility findings were found to be open to it on the evidence before it, and its assessment of the risk of persecution was therefore upheld.