2115408 (Refugee)

The Administrative Appeals Tribunal considered the protection visa application of an Indian national who claimed to fear persecution upon return to India. The applicant alleged a property dispute with his uncle-in-law, which he claimed had led to threats against him and several deaths within his family, including his father and uncle. He also raised concerns about potential mistreatment as a failed asylum seeker with a criminal record and an ongoing legal dispute with the Punjabi government regarding land acquisition.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing a real risk of significant harm if returned to India. This required an assessment of the credibility of his claims, the evidence presented, and relevant country information regarding the safety of returnees and the availability of protection in India.

The Tribunal applied the principles of refugee and complementary protection law, considering Ministerial Direction No. 84 and relevant guidelines. It found that while the applicant was an Indian national, his claims regarding threats from his uncle-in-law and the alleged family deaths lacked sufficient credible evidence. The Tribunal also noted that the applicant had not reported threats to the police and had experienced delays in departing India and applying for protection. Furthermore, country information indicated that India does not impose double jeopardy for offences expiated abroad, and there was no evidence of mistreatment of failed asylum seekers by Indian authorities. The Tribunal concluded that the applicant did not face a real chance of persecution or significant harm from his uncle, the authorities, or due to his criminal record or the land dispute.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under either section 36(2)(a) or section 36(2)(aa) of the *Migration Act 1958* (Cth).