2015443 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the protection visa applications of two individuals claiming to be nationals of India. The primary applicant alleged he feared persecution from members of the Congress and Janata Dal (Secular) political parties due to his support for the Bharatiya Janata Party (BJP). The secondary applicant did not make independent claims for protection.

The central legal issue before the Tribunal was whether the applicants had a well-founded fear of persecution for one of the five prescribed reasons under section 5J of the *Migration Act 1958* (Cth), or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to India, they faced a real risk of suffering significant harm. The Tribunal was also required to consider whether effective protection measures were available in India.

The Tribunal found that the applicants were indeed nationals of India and accepted their personal details as credible. The primary applicant's claims of support for the BJP and his activities during an election were accepted. However, the Tribunal noted that the applicant stated he had not experienced harm in India and had not attempted to relocate within India for safety. Crucially, the Tribunal considered country information and concluded that while political tensions existed, the applicant had not demonstrated a well-founded fear of persecution. Furthermore, the Tribunal found that effective protection measures were available in India, and it would be reasonable for the applicant to relocate within the country to avoid any potential risk. The Tribunal also considered the secondary applicant's status as a member of the family unit.

Consequently, the Tribunal was not satisfied that Australia had protection obligations towards either applicant under section 36(2)(a) or (aa) of the *Migration Act 1958*. As a result, the applicants did not satisfy the criteria for the grant of a protection visa, and the Tribunal affirmed the decision not to grant the visas.