2107032 (Refugee)

The applicant, a citizen of Nepal, sought a protection visa in Australia. He claimed that he had fled Nepal due to threats from the family of his Muslim girlfriend, with whom he was in a relationship despite being Hindu. The applicant asserted that the girlfriend's family had threatened to kill him if he did not end the relationship, and he feared for his life if returned to Nepal. The Department of Home Affairs had previously refused his application, and this decision was under review by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth). This required determining if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether effective protection measures were available to him in Nepal. The Tribunal also considered whether the applicant could reasonably relocate within Nepal to avoid any perceived risk.

The Tribunal considered the applicant's claims in light of the relevant legislative provisions and country information. It noted that the applicant had not provided evidence of any specific threats or actions taken by the girlfriend's family beyond general assertions. Furthermore, the Tribunal found that the applicant had not demonstrated that he had sought assistance from the Nepalese authorities or that such assistance would be ineffective. The Tribunal also considered the possibility of relocation within Nepal, which the applicant had dismissed due to the country's small size. Ultimately, the Tribunal concluded that the applicant had not established a well-founded fear of persecution that would warrant the grant of a protection visa.

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