2017386 (Refugee)

This matter concerned an application for a protection visa by a citizen of India. The applicant claimed to fear persecution upon return to India due to his family's active involvement in the Bharatiya Janata Party (BJP) and his own political background, alleging that rival political groups had previously attempted to abduct and kill him. The applicant had overstayed his student visa in Australia since July 2011 and lodged his protection visa application in October 2018. The decision under review affirmed the delegate's refusal to grant the visa.

The primary legal issue before the Tribunal was whether the applicant was a person in respect of whom Australia owed protection obligations, either as a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth) or under the complementary protection criterion in section 36(2)(aa). This required the Tribunal to assess the applicant's claims of persecution and his credibility.

The Tribunal found that the applicant was not a credible witness and had concerns about the truthfulness of his evidence regarding events in India. Specifically, the Tribunal noted discrepancies in the information provided about his parents' political positions and the verification of his mother's role within the BJP. The Tribunal also considered the applicant's delay of nearly 10 years in lodging his protection visa application. Ultimately, the Tribunal concluded that the applicant had not established a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, nor had he demonstrated a real risk of suffering significant harm upon removal from Australia.

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