2017468 (Refugee)

The applicant, an asylum seeker from India, sought review of a decision by the Minister for Immigration and Border Protection to refuse to grant a protection visa. The applicant claimed to fear persecution due to his membership and activities within an opposition political party, alleging he had been subjected to beatings and threats by supporters of the ruling party and that the police had failed to act. The applicant also contended that his former antagonists were now members of the ruling party, which had since come to power, and that personal hostility persisted.

The Administrative Appeals Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason, specifically political opinion, under the *Migration Act 1958* (Cth). Additionally, the Tribunal had to consider whether the applicant faced a real risk of significant harm if returned to India, engaging the complementary protection criteria. Central to these determinations was the assessment of the applicant's credibility and the reliability of the evidence presented.

The Tribunal found that while the applicant's past experiences were concerning, the subsequent political changes in India, including his former antagonists now being in positions of influence within the ruling party, altered the risk assessment. The Tribunal concluded that the applicant had not established a well-founded fear of persecution for a Convention reason. However, it found that there was a real risk of significant harm under the complementary protection criteria, particularly in relation to the applicant's family unit. Consequently, the Tribunal remitted the decision to the Minister for reconsideration.