A young Indian man seeking asylum in New Zealand has been told to return home after a tribunal found that his home region in Jammu is “reasonably safe” for civilians.
The 27-year-old Sikh man from Ranbir Singh Pura had sought protection in 2023, citing the ongoing India-Pakistan border conflict and a history of repeated evacuations of his family and neighbours.
It is reported by Awaaz that in its March 27 ruling, the Immigration and Protection Tribunal acknowledged the unrest in the region but said civilians who flee conflict zones occupy a “grey area” under international human rights law.
The tribunal referenced previous cases involving Ukrainian asylum seekers, noting that applicants from severely affected areas such as Kyiv, Zaporizhzhia, and Sevastopol faced far higher risks than those in Jammu.
It is reported that using data from the South Asian Terrorism Portal, the tribunal highlighted a long-term decline in civilian fatalities in Jammu and Kashmir. While deaths exceeded 800 in 2002, recent figures show annual fatalities in the high twenties to mid-thirties, out of millions of residents.
“The appellant’s predicament is far removed from those of the appellants in the Ukrainian cases,” the judgment stated.
The tribunal also dismissed the man’s claims of political persecution, describing allegations of harassment by local Bharatiya Janata Party members as “entirely fabricated.”
“The chance of any civilian being killed, injured, or abducted across Jammu and Kashmir is at negligible levels and does not indicate a level of risk of such harms at the level of a real chance generally.”
The tribunal noted he had not raised these issues during previous immigration hearings.
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