2002708 (Refugee)

This case concerned an application for a protection visa by a national of India. The applicant claimed to be a member of the Dera Sacha Sauda religious group and an anti-drug campaigner, alleging a fear of persecution and killing by the Sikh Youth Federation, including an incident where his house was set on fire. The applicant sought review of the decision not to grant him a protection visa.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J of the *Migration Act 1958* (Cth) in India, and if not, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to India, he faced a real risk of suffering significant harm. The Tribunal was required to assess the applicant's credibility and the plausibility of his claims in light of the available evidence and country information.

The Tribunal accepted the applicant's personal details, nationality, and adherence to the Sikh religion. However, it found that the applicant had not satisfied the criteria for a protection visa under section 36(2)(a) of the Act, nor had he established a claim for complementary protection under section 36(2)(aa). The Tribunal's reasoning, while not explicitly detailed regarding the specific grounds for rejecting the fear of persecution or significant harm, concluded that the applicant did not meet the statutory requirements for the grant of a protection visa.

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