2102696 (Refugee)

The applicant, who arrived in Australia in January 2018, sought a protection visa, claiming to be of Sikh faith and fearing persecution in India due to an inter-caste relationship. The applicant alleged threats from her family, her partner's family, and extremists, including threats to kill her and her family if she returned to India. The case was heard by Senior Member Katherine Harvey of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) or 36(2)(aa) of the *Migration Act 1958* (Cth). This required determining if the applicant had a well-founded fear of persecution for a Convention reason or if there was a real risk of significant harm as a necessary and foreseeable consequence of removal to India. The Tribunal also considered the applicant's responsibility to provide sufficient particulars and substantiating evidence for her claims.

The Tribunal found that the applicant's claims lacked specificity and substantiating evidence. Despite requests for further information regarding the claimed relationship, the threats, and details of other couples allegedly killed for inter-caste relationships, the applicant provided vague and inconsistent responses. The Tribunal noted that the applicant had not attempted to relocate within India, despite claiming authorities could not protect her and that she could easily be found. Given the lack of credible and specific evidence to support a well-founded fear of persecution or a real risk of significant harm, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.

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