The Federal Circuit Court has struck down an Indian man’s latest bid to stay in Australia, whose application for temporary protection visa has been refused twice in the past.
The man, who cannot be named for legal reasons, claims to be a professional disc jockey and had arrived in Australia as an unauthorized maritime arrival in February 2013.
Image for representation only. Source: Public Domain
Three years later, he made an application for a Safe Haven Enterprise Visa on grounds that he cannot afford to return to his native village in the northern state of Punjab as a group of ‘angry’ men from a wedding party were still actively pursuing him with plans to kill him.
He told the authorities that while he was working as a DJ at a wedding near his village, he was assaulted by a group of men, who were annoyed that he had not played the full song that they had requested for.
He alleged that at the time of his assault, the main perpetrator was arrested, but the remaining men returned fifteen days later to his village with 20 other acquaintances on motorbikes, brandishing hockey sticks and swords, the asylum seeker claimed.
The man alleged that the group of assailants threatened to kill him and told him that he would never work as a DJ again. He also claimed that the arresting officer “forcefully persuaded” him not to press any charges against the men.
He said that five months after he lodged a protection visa application, the men returned to his village looking out for him and also assaulted his brother and asked him about his whereabouts.
He furnished his brother’s medical report to corroborate his claims.
Case history:
The man first lodged his protection visa application in 2016, which was rejected in 2018, after which the matter was referred to the Immigration Assessment Authority for review which affirmed the immigration's decision to refuse the grant.
While analysing his claims, the IAA found his account of alleged events was ‘vague, lacked detail and was inconsistent.’ It further dismissed the medical report of the man’s brother as a ‘fraudulent document’, as per the court records.
When his application was rejected by the IAA, he filed for a review at the Federal Circuit Court. Last week, the Federal Circuit Court issued its findings, which agreed with the findings of the IAA, rejected his appeal and ordered him to pay $7,467 for the Immigration Department’s legal cost.
