2018380 (Refugee)

This matter concerned an application for a protection visa by two applicants who claimed to fear persecution in India. The applicants alleged that a local underworld figure, identified as Mr A, had threatened them and caused them harm due to his connections with corrupt police officers and politicians. They asserted that despite seeking assistance from local police and politicians, they had not received protection and continued to live in fear. The Tribunal was required to determine whether the applicants had a well-founded fear of persecution under section 5J of the Act, or alternatively, whether there were substantial grounds for believing that they would suffer significant harm as a necessary and foreseeable consequence of being removed to India, pursuant to section 36(2)(aa) of the Act.

The Tribunal considered the applicants' claims in light of the relevant legislative provisions, including section 36(2)(a) concerning refugee status and section 36(2)(aa) regarding complementary protection. It also took into account Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments. The applicants' statements detailed threats of death from Mr A, physical harm, mental harassment, and a lack of protection due to Mr A's political influence. The Tribunal noted that the applicants had attempted to relocate within India but continued to feel unsafe due to Mr A's alleged connections.

The Tribunal concluded that the applicants did not satisfy the criterion in section 36(2) of the Act. It found no suggestion that the applicants met the requirements for a protection visa based on being part of a family unit with a person who already satisfied section 36(2)(a) or (aa) and held a protection visa. Consequently, the Tribunal affirmed the decision under review.